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 .
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application on 12/17/2025 after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/17/2025 canceling Claim 23 and amending Claims 1, 18, 20, and 25 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 4, 6, 8, 13, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hines (10,894,605) in view of Nagle (6,066,012) in view of Yang (8,406,946) as evidenced by Airplane Flying Handbook, FAA-H-8083-3A, U.S. Department of Transportation, Federal Aviation Administration (FAA), 2004, hereinafter “Airplane Flying Handbook”.
Regarding Claim 1, Hines teaches, in Figs. 1 - 12, the invention as claimed including an aircraft system, comprising: an aircraft (10 – Fig. 1) fuselage (30); a first propulsor (32 – Fig. 8 left-side of fuselage) outside of the aircraft fuselage (30), the first propulsor (32) including a first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage) and a first vane array (96 – Figs. 10d, 11, and 12); a first drivetrain (88 – Fig. 8 left-side of fuselage) coupled to the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage), the first drivetrain (88 – Fig. 8 left-side of fuselage) comprising a transmission (82 - Col. 17, ll. 1 – 5 teaches a ‘continuously variable transmission’ which was just a type of ‘variable speed transmission’ per Applicant’s Specification Para. [0053]) within the aircraft fuselage (30); a second propulsor (32 – Fig. 8 right-side of fuselage) outside of the aircraft fuselage (30), the second propulsor including a second propulsor rotor (84, 86) and a second vane array (96 – Figs. 10d, 11, and 12); a second drivetrain (88 – Fig. 8 right-side of fuselage) coupled to the second propulsor rotor (84, 86 – Fig. 8 right-side of fuselage), the second drivetrain (88 – Fig. 8 right-side of fuselage) comprising a transmission (82 - Col. 17, ll. 1 – 5 teaches a ‘continuously variable transmission’ which was just a type of ‘variable speed transmission’ per Applicant’s Specification Para. [0053]) within the aircraft fuselage (30); an intermittent combustion engine (64 – Fig. 8, Col. 12, ll. 12 - 20) within the aircraft fuselage (30), the intermittent combustion engine (64) configured to drive rotation of the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage), independent of the second propulsor rotor (84, 86 – Fig. 8 right-side of fuselage), through the first drivetrain (88 – Fig. 8 left-side of fuselage), and the intermittent combustion engine (64) configured to drive rotation of the second propulsor rotor (84, 86 – Fig. 8 right-side of fuselage), independent (two structurally separated drivetrains) of the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage), through the second drivetrain (88 – Fig. 8 right-side of fuselage), wherein, during a mode of operation (When said intermittent combustion engine was running and rotating both said first propulsor rotor to generate a first thrust and said second propulsor rotor to generate a second thrust. The first thrust and the second thrust propelling said aircraft fuselage into flight through the air.), a rotational speed (Col. 6, ll. 40 – 65 “engine RPM”, i.e., revolutions per minute = RPM) of the intermittent combustion engine (40) produces a first rotational speed (any rotational speed, Col. 6, ll. 40 – 65 “fan RPM”) of the first propulsor (32 – Fig. 8 left-side of fuselage) and a second rotational speed (any rotational speed, Col. 6, ll. 40 – 65 “fan RPM”) of the second propulsor rotor (32 – Fig. 8 right-side of fuselage).
Hines, as discussed above, is silent on said transmission being a first transmission within the aircraft fuselage and a second transmission within the aircraft fuselage, a gearbox coupled between the intermittent combustion engine and each of the first transmission and the second transmission, the gearbox disposed forward of the intermittent combustion engine and coupled to an output of the intermittent combustion engine, and the gearbox extending laterally between and to the first transmission and the second transmission; the first transmission including a first transmission input, the first transmission input coupled to and rotatable with the output of the intermittent combustion engine through the gearbox to drive rotation of the first propulsor rotor and the second transmission including a second transmission input, the second transmission input coupled to and rotatable with the output of the intermittent combustion engine through the gearbox.
Nagle teaches, in Col. 6, ll. 20 – 45 and Figs. 3 and 4, a similar vehicle having an intermittent combustion engine (40) driving rotation of a first propulsor rotor (54) through a first transmission (50 – left side) within a fuselage (34) and driving rotation of a second propulsor rotor (48) through a second transmission (44 – right side) within the fuselage (34), a gearbox (64) coupled between the intermittent combustion engine (40) and each of the first transmission (50 – left side) and the second transmission (44 – right side), the gearbox (64) disposed forward of the intermittent combustion engine (40) and coupled to an output (56, 86) of the intermittent combustion engine (40), and the gearbox (64) extending laterally between (shown in Fig. 4, gearbox extended to the left and right of the centerline of the driveshaft 56 of the intermittent combustion engine 40) and to the first transmission (50) and the second transmission (44); the first transmission (50) including a first transmission input (128, 140), the first transmission input (128, 140) coupled to (best seen in Fig. 4) and rotatable with the output (56, 86) of the intermittent combustion engine (40) through the gearbox (64) to drive rotation of the first propulsor rotor (54) and the second transmission (44) including a second transmission input (106, 134), the second transmission input (106, 134) coupled to (best seen in Fig. 4) and rotatable with the output (56, 86) of the intermittent combustion engine (40) through the gearbox (64).
It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Hines, with the variable speed transmission, taught by Hines, and with the first transmission within the fuselage and the second transmission within the fuselage, a gearbox coupled between the intermittent combustion engine and each of the first transmission and the second transmission, the gearbox disposed forward of the intermittent combustion engine and coupled to an output of the intermittent combustion engine, and the gearbox extending laterally between and to the first transmission and the second transmission; the first transmission including a first transmission input, the first transmission input coupled to and rotatable with the output of the intermittent combustion engine through the gearbox to drive rotation of the first propulsor rotor and the second transmission including a second transmission input, the second transmission input coupled to and rotatable with the output of the intermittent combustion engine through the gearbox, taught by Nagle, because all the claimed elements, i.e., the aircraft having an intermittent combustion engine located within the aircraft fuselage, the first transmission within the fuselage and a second transmission within the fuselage, a gearbox coupled between the intermittent combustion engine and each of the first transmission and the second transmission, the gearbox disposed forward of the intermittent combustion engine and coupled to an output of the intermittent combustion engine, and the gearbox extending laterally between and to the first transmission and the second transmission; the first transmission including a first transmission input, the first transmission input coupled to and rotatable with the output of the intermittent combustion engine through the gearbox to drive rotation of the first propulsor rotor and the second transmission including a second transmission input, the second transmission input coupled to and rotatable with the output of the intermittent combustion engine through the gearbox, were known in the art, and one skilled in the art could have substituted the first transmission, second transmission, and gearbox arrangement, taught by Nagle, for the transmission arrangement of Hines, with no change in their respective functions, to yield predictable results, i.e., the intermittent combustion engine would have driven the gearbox (located forward of the intermittent combustion engine) which would have driven both the first variable speed transmission and the second variable speed transmission to drive the first propulsor rotor and the second propulsor rotor, respectively, wherein the first drivetrain coupled the first variable speed transmission to the first propulsor rotor and wherein the second drivetrain coupled the second variable speed transmission to the second propulsor rotor thereby generating propulsive thrust outside the aircraft fuselage by rotating both the first propulsor rotor and the second propulsor rotor. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(B).
Hines, i.v., Nagle, as discussed above, is silent on said gearbox being adjacent each of the first transmission and the second transmission.
Yang teaches, in Fig. 3 and Col. 2, l. 55 to Col. 3, l. 15, Col. 3, l. 45 to Col. 4, l. 35, and Col. 6, ll. 55 - 67, a similar vehicle having an intermittent combustion engine (P100 – Col. 2, ll. 55 – 60 ‘internal combustion engine’) driving rotation of a first propulsor rotor (W100) through a first transmission (CVT100 – Col. 4, ll. 25 - 35, “continuously variable transmission”) within a fuselage (L100) and driving rotation of a second propulsor rotor (W200) through a second transmission (CVT200 – Col. 4, ll. 25 - 35, “continuously variable transmission”) within the fuselage (L100), a gearbox (T101) coupled between the intermittent combustion engine (P100) and each of the first transmission (CVT100 – left side) and the second transmission (CVT200 – right side), the gearbox (T101) adjacent each of the first transmission (CVT100 – left side) and the second transmission (CVT200 – right side), the gearbox (T101) disposed forward (shown in Fig. 3) of the intermittent combustion engine (P100) and coupled to an output (solid black lines connecting P100 to T101, connecting T101 to CVT100, and connecting T101 to CVT200) of the intermittent combustion engine (P100), and the gearbox (T101) extending laterally between and to the first transmission (CVT100 – left side) and the second transmission (CVT200 – right side); the first transmission (CVT100 – left side) including a first transmission input (left end of the solid black lines connected to CVT100), the first transmission input (left end of the solid black lines connected to CVT100) coupled to (via T101) and rotatable with the output (solid black lines connecting P100 to T101) of the intermittent combustion engine (P100) through the gearbox (T101) to drive rotation of the first propulsor rotor (W100) and the second transmission (CVT200 – right side) including a second transmission input (right end of the solid black lines connected to CVT200), the second transmission input (right end of the solid black lines connected to CVT200) coupled to and rotatable with the output (solid black lines connecting P100 to T101) of the intermittent combustion engine (P100) through the gearbox (T101); wherein, during a mode of operation (Col. 4, ll. 30 – 35 “speed differential operation drive”), a rotational speed of the intermittent combustion engine (P100) produces a first rotational speed of the first propulsor (W100) and a second rotational speed of the second propulsor rotor (W200), and the first rotational speed is different than the second rotational speed (Col. 4, ll. 30 – 35 “speed differential operation drive between wheel group (W100) and the wheel group (W200) at the load.”)
MPEP2144.04(VI) Rearrangement of Parts cited caselaw that rearrangement of parts was an obvious matter of design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Hines, i.v., Nagle, to have said gearbox being adjacent each of the first transmission and the second transmission, taught by Yang, because rearranging the arrangement of the gearbox, the first transmission, and the second transmission of Hines, i.v., Nagle, was an obvious matter of design choice since said rearrangement would not have changed the operation of the aircraft propulsion system.
Hines, i.v., Nagle and Yang, as discussed above, is silent on said first rotational speed is different than said second rotational speed.
As discussed above, Yang further taught, in Col. 4, ll. 30 – 35, wherein, during a mode of operation (“speed differential operation drive”), a rotational speed of the intermittent combustion engine (P100) produces a first rotational speed of the first propulsor (W100) and a second rotational speed of the second propulsor rotor (W200), and the first rotational speed is different than the second rotational speed (Col. 4, ll. 30 – 35 “speed differential operation drive between wheel group (W100) and the wheel group (W200) at the load.”)
Hines further teaches, in Col. 8, ll. 13 – 20, wherein, during at least one mode of operation, the first drivetrain (88 – Fig. 8 left-side of fuselage) and the second drivetrain (88 – Fig. 8 right-side of fuselage) are configured to facilitate rotation of the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage) and the second propulsor rotor (84, 86 – Fig. 8 right-side of fuselage) at different rotational speeds. As discussed above, the first transmission of the first drivetrain was a ‘continuously variable transmission’ which was just a type of ‘variable speed transmission’. Similarly, as discussed above, the second transmission of the second drivetrain was a ‘continuously variable transmission’ which was just a type of ‘variable speed transmission’. As implied by the names ‘continuously variable transmission’ and/or ‘variable speed transmission’ the rotational speed of the transmission output shaft could continuously vary, i.e., the transmission did not have a fixed gear ratio, relative to the rotational speed of the transmission input shaft. For example, if the intermittent combustion engine had a fixed rotational speed of 5,000 rpm (revolutions per minute) and the gearbox output drove the input shaft of the first variable speed transmission at the fixed rotational speed of 5,000 rpm, then the rotational speed of the output shaft of the first variable speed transmission could continuously vary from 1,000 rpm to 10,000 rpm where a gear ratio of 0.2:1 produced the 1,000 rpm output rotational speed and a gear ratio of 2:1 produced the 10,000 rpm output rotational speed. Similarly, for a fixed input rotational speed of 5,000 rpm, the rotational speed of the output shaft of the second variable speed transmission could continuously vary from 10,000 rpm to 1,000 rpm (gear ratio varied from 2:1 to 0.2:1, respectively). Hines teaches, in Col. 8, ll. 13 – 20, “…utilizing differential thrust and thrust vectoring for additional control” of a blended body or flying wing aircraft that had no tail and therefore no tail rudder to control the yaw of the aircraft (turning the aircraft nose left or right). “Utilizing differential thrust” meant that it was known to control the yaw (turning the aircraft nose left or right of a straight flight path) of the aircraft by having the thrust produced by the left-side propulsor be different from the thrust produced by the right-side propulsor. For example, when the left-side propulsor produced greater thrust than the right-side propulsor the aircraft would turn/yaw right. Conversely, when the right-side propulsor produced greater thrust than the left-side propulsor the aircraft would turn/yaw left. When both the left-side propulsor and the right-side propulsor produced the same thrust the aircraft would have flown straight.
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As evidenced by Fig. 15-6 on Pg. 15-5 of the “Airplane Flying Handbook”, it was a scientific fact that the amount of thrust produced by a propulsor (rotating propeller or fan blades) varied as the rotational speed (in rpm) of the propulsor was varied. As shown in Fig. 15-6, at 100% of maximum rpm (propulsor rotational speed 100%) the propulsor produced 100% of maximum thrust and at around 50% of maximum rpm the propulsor produced around 10% of maximum thrust.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that in the combination of Hines, i.v., Nagle and Yang, Yang’s “speed differential operation drive between wheel group (W100) and the wheel group (W200)” would have facilitated Hines’ “utilizing differential thrust and thrust vectoring for additional control” by using the first variable speed transmission (CVT) to drive rotation of the first propulsor rotor at a first rotational speed and using the second variable speed transmission (CVT) to drive rotation of the second propulsor rotor at a second rotational speed where the first rotational speed was different from the second rotational speed thereby producing differential thrust. For example, to turn the nose of the aircraft right the first variable speed transmission would have been set to drive rotation of the first propulsor rotor (left-side of aircraft centerline) at 100% of maximum propulsor rotational speed (in rpm) so that the first propulsor rotor produced 100% of maximum thrust while the second variable speed transmission would have been set to drive rotation of the second propulsor rotor (right-side of aircraft centerline) at 70% of maximum propulsor rotational speed (in rpm) so that the second propulsor rotor produced around 30% of maximum thrust. The differential thrust (100% at first propulsor rotor and 30% at second propulsor rotor) would have resulted in the nose of the aircraft turning right. Similarly, to turn the nose of the aircraft left the first variable speed transmission would have been set to drive rotation of the first propulsor rotor (left-side of aircraft centerline) at 70% of maximum propulsor rotational speed (in rpm) so that the first propulsor rotor produced around 30% of maximum thrust while the second variable speed transmission would have been set to drive rotation of the second propulsor rotor (right-side of aircraft centerline) at 100% of maximum propulsor rotational speed (in rpm) so that the second propulsor rotor produced 100% of maximum thrust. The differential thrust (30% at first propulsor rotor and 100% at second propulsor rotor) would have resulted in the nose of the aircraft turning left. Conversely, when the right-side propulsor produced greater thrust than the left-side propulsor the aircraft would turn/yaw left. When both the first propulsor rotor (left-side propulsor) and the second propulsor rotor (right-side propulsor) produced the same thrust the aircraft would have flown straight. Utilizing differential thrust to yaw/turn the aircraft facilitated reducing drag by eliminating the tail rudder or reducing the size of the aircraft tail and tail rudder. Hines teaches, in Col. 19, ll. 45 – 50, allowing the aircraft (10) to fly without deflecting the tail rudder (28 – Fig. 1) results in reduced drag. Hines teaches, in Col. 6, ll. 30 – 35, “Deflecting control surfaces such as the ailerons, rudder, or elevator to maintain straight and level flight, or trim, may result a drag component generally referred to as “trim drag”.” Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that in the combination of Hines, i.v., Nagle and Yang, during at least one mode of operation (when yawing/turning the aircraft left or right), the first drivetrain (including the first variable speed transmission) and the second drivetrain (including the second variable speed transmission) would have rotated the first propulsor rotor and the second propulsor rotor at different rotational speeds to utilize differential thrust to yaw/turn the aircraft from a straight flight path thereby reducing trim drag.
Re Claim 4, Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, teaches the invention as claimed and as discussed above, and Hines further teaches, in Col. 16, ll. 50 – 60, including wherein, during at least one mode of operation (any other mode besides the “a mode of operation” recited in Claim 1), the first drivetrain (88 – Fig. 8 left-side of fuselage) and the second drivetrain (88 – Fig. 8 right-side of fuselage) are configured to facilitate rotation of the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage) and the second propulsor rotor (84, 86 – Fig. 8 right-side of fuselage) at a common rotational speed. In other words, the first propulsor rotor and the second propulsor rotor rotating at a common rotational speed (RPM = revolutions per minute) meant that the first propulsor rotor and the second propulsor rotor generated the same amount of thrust to maintain the aircraft flying straight and level.
Re Claim 6, Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, teaches the invention as claimed and as discussed above, and Hines further teaches, in Figs. 1 – 8, wherein the first propulsor (32 – Fig. 8 left-side of fuselage) further includes a first duct (90 - Fig. 8 left-side of fuselage), and the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage) and a first vane array (96 – Figs. 10d, 11, and 12) are disposed within the first duct (90 - Fig. 8 left-side of fuselage); and the second propulsor (32 – Fig. 8 right-side of fuselage) further includes a second duct (90 - Fig. 8 right-side of fuselage), and the second propulsor rotor (84, 86 – Fig. 8 right-side of fuselage) and a second vane array (96 – Figs. 10d, 11, and 12) are disposed within the second duct (90 - Fig. 8 right-side of fuselage).
Re Claim 8, Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, teaches the invention as claimed and as discussed above, and Hines further teaches, in Figs. 1 – 8, wherein the first propulsor (32 – Fig. 8 left-side of fuselage) is laterally spaced from the second propulsor (32 – Fig. 8 right-side of fuselage); and the intermittent combustion engine (64) is located laterally between the first propulsor (32 – Fig. 8 left-side of fuselage) and the second propulsor (32 – Fig. 8 right-side of fuselage).
Re Claim 13, Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, teaches the invention as claimed and as discussed above, and Hines further teaches wherein the first propulsor rotor and the second propulsor rotor are configured to rotate in opposite directions (Col. 4, ll. 50 – 52 “twin ducted fuselage mounted counter rotating fans” where ‘counter rotating’ meant that the first propulsor rotor and the second propulsor rotor rotated in opposite directions).
Re Claim 14, Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, teaches the invention as claimed and as discussed above, and Hines further teaches wherein the intermittent combustion engine (64 – Fig. 8, Col. 12, ll. 12 - 20) comprises one of a rotary engine, a piston engine (64 – Fig. 8, Col. 12, ll. 12 - 20), a rotating detonation engine or a pulse detonation engine.
Re Claim 16, Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, teaches the invention as claimed and as discussed above, and Hines further teaches wherein the intermittent combustion engine comprises a turbocharged intermittent combustion engine (64 – Fig. 8, Abstract “turbocharger”, Col. 12, ll. 12 – 20 and Col. 15, ll. 43 - 46).
Claims 7 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Hines (10,894,605) in view of Nagle (6,066,012) in view of Yang (8,406,946) as evidenced by Airplane Flying Handbook, FAA-H-8083-3A, U.S. Department of Transportation, Federal Aviation Administration (FAA), 2004, hereinafter “Airplane Flying Handbook” as applied to Claim 1 above, and further in view of Design Choice.
Re Claim 7, Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, teaches the invention as claimed and as discussed above; except, wherein the first propulsor rotor comprises a first open rotor; and the second propulsor rotor comprises a second open rotor.
At the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to modify Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, first propulsor rotor to be a first open rotor and to modify the second propulsor rotor to be a second open rotor because Applicant has not disclosed that “the first propulsor rotor comprises a first open rotor; and the second propulsor rotor comprises a second open rotor” provides an advantage, is used for a particular purpose, or solves a stated problem. In fact, Claim 6 recites that the first propulsor rotor and the second propulsor rotor were both ducted propulsors. Specification Para. [0060] disclosed “In some embodiments, referring to FIG. 2, the propulsor rotors 42 may be configured as ducted rotors; e.g., fan rotors. In other embodiments, referring to FIG. 8, the propulsor rotors 42 may alternatively be configured as open rotors (e.g., propellers) where, for example, the respective aircraft propulsor 36 is configured without the propulsor housing 46 of FIG. 2”. Which is indicative of lack of criticality as the two options perform equally well and none of the two options exhibits an advantage over the other option. One of ordinary skill furthermore, would have expected Applicant’s invention to perform equally well with Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, ducted first propulsor rotor and the second propulsor rotor because Applicant recited ducted propulsor rotors in Claim 6. Therefore, it would have been an obvious matter of design choice to modify Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, to obtain the invention as specified in Claim 7.
Re Claim 12, Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, teaches the invention as claimed and as discussed above; except, wherein the first propulsor rotor and the second propulsor rotor are configured to rotate in a common direction.
At the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to modify Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, the first propulsor rotor and the second propulsor rotor are configured to rotate in a common direction because Applicant has not disclosed that “the first propulsor rotor and the second propulsor rotor are configured to rotate in a common direction” provides an advantage, is used for a particular purpose, or solves a stated problem. In fact, Claim 13 recites “…wherein the first propulsor rotor and the second propulsor rotor are configured to rotate in opposite directions”. Specification Para. [0017] disclosed “The first propulsor rotor and the second propulsor rotor may be configured to rotate in a common direction”. Specification Para. [0018] disclosed “the first propulsor rotor and the second propulsor rotor may be configured to rotate in opposite directions.” Which is indicative of lack of criticality as the two options perform equally well and none of the two options exhibits an advantage over the other option. One of ordinary skill furthermore, would have expected Applicant’s invention to perform equally well with Hines invention because Applicant recited “…the first propulsor rotor and the second propulsor rotor are configured to rotate in opposite directions” in Claim 13. Therefore, it would have been an obvious matter of design choice to modify Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, to obtain the invention as specified in Claim 12.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hines (10,894,605) in view of Nagle (6,066,012) in view of Yang (8,406,946) as evidenced by Airplane Flying Handbook, FAA-H-8083-3A, U.S. Department of Transportation, Federal Aviation Administration (FAA), 2004, hereinafter “Airplane Flying Handbook” as applied to Claim 1 above, and further in view of Suciu et al. (9,650,954).
Re Claim 9, Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, teaches the invention as claimed and as discussed above; except, further comprising: a third propulsor including a third propulsor rotor and a third vane array; the first drivetrain further coupled to the third propulsor rotor; and the intermittent combustion engine further configured to drive rotation of the third propulsor rotor, independent of the second propulsor rotor, through the first drivetrain.
Suciu teaches, in Figs. 1 – 5, a similar propulsor arrangement having a plurality of propulsor rotors (42, 44, 46, and 48 shown in Fig. 1) each having a vane array (diagonal fanned structures shown in Fig. 1 spanning between duct (50) and hub housing the rotor shaft (41)) all driven by a first drivetrain (38).
It would have been obvious, to one of ordinary skill in the art at the time of the invention, to modify Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, with the third propulsor including a third propulsor rotor and a third vane array; the first drivetrain further coupled to the third propulsor rotor, taught by Suciu, because all the claimed elements, i.e., the aircraft having an intermittent combustion engine located within the aircraft fuselage, the aircraft having a first propulsor including a first propulsor rotor and a first vane array, the intermittent combustion engine using a first drivetrain to drive the first propulsor rotor, another propulsor (third) adjacent to the first propulsor and driven by the first drivetrain, the third propulsor including a third propulsor rotor and a third vane array, were known in the art, in combination each one of the components would perform the same function as it did separately, and one skilled in the art could have combined the elements as claimed by known methods, with no change in their respective functions, to yield predictable results, i.e., locating the third propulsor adjacent to the first propulsor and utilizing the first drivetrain to drive both the first propulsor and the third propulsor would have facilited replacing a single large diameter fan (propulsor rotor) with two or more smaller diameter fans, Suciu – Col. 1, ll. 25 - 30. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(A). It would have been obvious, to one of ordinary skill in the art at the time of the invention, that in the combination of Hines, i.v., Nagle, Yang, and Suciu, a.e., “Airplane Flying Handbook”, where the first drivetrain drove both the first propulsor and the third propulsor meant that the combustion engine would have been configured to drive rotation of the third propulsor rotor, independent of the second propulsor rotor, through the first drivetrain because the second propulsor rotor was driven by the second drivetrain.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hines (10,894,605) in view of Nagle (6,066,012) in view of Yang (8,406,946) as evidenced by Airplane Flying Handbook, FAA-H-8083-3A, U.S. Department of Transportation, Federal Aviation Administration (FAA), 2004, hereinafter “Airplane Flying Handbook” as applied to Claim 1 above, and further in view of Meditz (3,335,977).
Re Claim 10, Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, teaches the invention as claimed and as discussed above and Hines further teaches, in Fig. 8, wherein the first drivetrain (88 – Fig. 8 left-side of fuselage) includes a first drive structure (88 – driveshaft, Col. 17, ll. 14 - 16) coupling the first transmission (left-side transmission) to the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage); and a first coupling (Col. 21, ll. 29 – 34 teaches differential gearing located within the hub (98) driving the first propulsor rotor) connecting the first drive structure (88 – driveshaft) to the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage). Hines is silent on the first coupling including a first propulsor bevel gear and a first structure bevel gear, the first propulsor bevel gear rotatable with the first propulsor rotor, the first structure bevel gear rotatable with the first drive structure and meshed with the first propulsor bevel gear, and the first coupling located axially between and spaced from the first propulsor rotor and the first vane array.
Meditz teaches, in Figs. 1 – 5 and Col. 4, ll. 30 – 70, a similar aircraft having a first drivetrain including a first drive structure (44a – Fig. 5 driveshaft) coupling the combustion engine (14) to the first propulsor rotor (66a – Fig. 4); and a first coupling including a first propulsor bevel gear (60a) and a first structure bevel gear (45a), the first propulsor bevel gear (60a) rotatable with the first propulsor rotor (66a – Fig. 4), and the first structure bevel gear (45a) rotatable with the first drive structure (44a – Fig. 5 driveshaft) and meshed with the first propulsor bevel gear (60a), shown in Fig. 4, and the first coupling (60a, 45a) located axially between and spaced from the first propulsor rotor (66a) and a first vane array (80a).
It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, with the first coupling including a first propulsor bevel gear and a first structure bevel gear, the first propulsor bevel gear rotatable with the first propulsor rotor, the first structure bevel gear rotatable with the first drive structure and meshed with the first propulsor bevel gear, and the first coupling located axially between and spaced from the first propulsor rotor and the first vane array, taught by Meditz, because all the claimed elements, i.e., the aircraft having an intermittent combustion engine located within the aircraft fuselage, the drivetrain including a driveshaft transmitting rotational motion from the intermittent combustion engine to the first propulsor rotor, the drivetrain including a first coupling including a first propulsor bevel gear and a first structure bevel gear, the first propulsor bevel gear rotatable with the first propulsor rotor, the first structure bevel gear rotatable with the first drive structure and meshed with the first propulsor bevel gear, and the first coupling located axially between and spaced from the first propulsor rotor and the first vane array, were known in the art, and one skilled in the art could have substituted the first coupling including a first propulsor bevel gear and a first structure bevel gear, the first propulsor bevel gear rotatable with the first propulsor rotor, the first structure bevel gear rotatable with the first drive structure and meshed with the first propulsor bevel gear, and the first coupling located axially between and spaced from the first propulsor rotor and the first vane array, taught by Meditz, for the differential gearing located within the hub of Hines, i.v., Nagle and Yang, a.e., “Airplane Flying Handbook”, with no change in their respective functions, to yield predictable results, i.e., the first coupling including a first propulsor bevel gear and a first structure bevel gear, the first propulsor bevel gear rotatable with the first propulsor rotor, and the first structure bevel rotatable with the first drive structure and meshed with the first propulsor bevel gear, the first structure bevel gear rotatable with the first drive structure and meshed with the first propulsor bevel gear, and the first coupling located axially between and spaced from the first propulsor rotor and the first vane array facilitated making a 90° change between the rotational axis of the driveshaft and the rotational axis of the first propulsor rotor while minimizing the length and weight of the shaft connecting the first propulsor bevel gear to the first propulsor rotor. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(B).
Re Claim 11, Hines, i.v., Nagle, Yang, and Meditz, a.e., “Airplane Flying Handbook”, teaches the invention as claimed and Hines further teaches, in Col. 17, ll. 14 - 16, wherein the first drive structure is configured as a driveshaft (88).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hines (10,894,605) in view of Nagle (6,066,012) in view of Yang (8,406,946) as evidenced by Airplane Flying Handbook, FAA-H-8083-3A, U.S. Department of Transportation, Federal Aviation Administration (FAA), 2004, hereinafter “Airplane Flying Handbook” as applied to Claim 1 above, and further in view of Dionne (2019/0186334A1).
Re Claim 15, Hines, i.v., Nagle, Yang, and Meditz, a.e., “Airplane Flying Handbook”, teaches the invention as claimed and as discussed above; except, wherein the intermittent combustion engine comprises a turbo-compounded intermittent combustion engine.
Dionne teaches, in Abstract, Figs. 1 – 5, and Para. [0015], an aircraft engine (12) being a turbo-compounded intermittent combustion engine (12).
It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Hines, i.v., Nagle, Yang, and Meditz, a.e., “Airplane Flying Handbook”, with the turbo-compounded intermittent combustion engine, taught by Dionne, because all the claimed elements, i.e., the aircraft having an intermittent combustion engine located within the aircraft fuselage and a turbo-compounded intermittent combustion engine, were known in the art, and one skilled in the art could have substituted the turbo-compounded intermittent combustion engine, taught by Dionne, for the intermittent combustion engine of Hines, i.v., Nagle, Yang, and Meditz, a.e., “Airplane Flying Handbook”, with no change in their respective functions, to yield predictable results, i.e., the turbo-compounded intermittent combustion engine would have burned fuel mixed with turbocharged air to generate rotational mechanical power to drive both the first and second propulsor rotors. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(B).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Hines (10,894,605) in view of Nagle (6,066,012) in view of Yang (8,406,946) as evidenced by Airplane Flying Handbook, FAA-H-8083-3A, U.S. Department of Transportation, Federal Aviation Administration (FAA), 2004, hereinafter “Airplane Flying Handbook” as applied to Claim 1 above, and further in view of Lord (10,830,129).
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Re Claim 17, Hines, i.v., Nagle, Yang, and Meditz, a.e., “Airplane Flying Handbook”, teaches the invention as claimed and as discussed above, and Hines further teaches, in Fig. 8 (marked–up below), an exhaust (labeled) located at an aft end (near the tail) of the aircraft fuselage, the exhaust (labeled) configured to direct combustion products (labeled) generated by the intermittent combustion engine (64) out of the aircraft system. Hines, i.v., Nagle, Yang, and Meditz, a.e., “Airplane Flying Handbook”, is silent on an inlet configured to direct boundary layer air flowing along the aircraft fuselage to the intermittent combustion engine.
Lord teaches, in Figs. 2 – 4 and Col. 6, ll. 10 - 20, an aft end (114 – tail section) having an inlet (125) configured to direct boundary layer air flowing along the aircraft fuselage (106) to a combustion engine to facilitate creating a thinner boundary layer approaching the propulsors thereby allowing them to be positioned closer to the fuselage resulting in a shorter strut (136) and shorter drive shaft (116).
It would have been obvious, to one of ordinary skill in the art at the time of the invention, to modify Hines, i.v., Nagle, Yang, and Meditz, a.e., “Airplane Flying Handbook”, with the inlet configured to direct boundary layer air flowing along the aircraft fuselage, taught by Lord, because all the claimed elements, i.e., the aircraft having an intermittent combustion engine located within the aircraft fuselage, the aircraft having an exhaust located at an aft end of the aircraft fuselage, and inlet configured to direct boundary layer air flowing along the aircraft fuselage to a combustion engine, were known in the art, in combination each one of the components would perform the same function as it did separately, and one skilled in the art could have combined the elements as claimed by known methods, with no change in their respective functions, to yield predictable results, i.e., a portion of the boundary layer air flowing along the aircraft fuselage would have been directed to the intermittent combustion engine thereby resulting in a thinner boundary layer of air downstream of said inlet, e.g., free-stream airflow would have been closer to the fuselage portion downstream of said inlet. The thinner boundary layer air would have facilited a lighter and less expensive aircraft by allowing the propulsors to be located closer to the fuselage thereby allowing a shorter strut and shorter drive shaft which would have reduced aircraft weight and reduced material cost. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(A).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hines (10,894,605) in view of Dionne (2019/0186334A1) in view of Nagle (6,066,012) in view of Meditz (3,335,977) in view of Yang (8,406,946) as evidenced by Airplane Flying Handbook, FAA-H-8083-3A, U.S. Department of Transportation, Federal Aviation Administration (FAA), 2004, hereinafter “Airplane Flying Handbook”.
Regarding Claim 18, Hines teaches, in Figs. 1 - 12, the invention as claimed including an aircraft (10 – Fig. 1) system, comprising: a first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage) rotatable about a first propulsor axis (rotational axis of propulsor fan on left-side of fuselage); a first vane array (96 – Figs. 10d, 11, and 12) downstream of the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage), the first vane array distributed circumferentially (96 – Figs. 10a, 10d, 11, and 12) about the first propulsor axis (dashed line in Fig. 12); a first variable speed transmission (82 - Col. 17, ll. 1 – 5 teaches a ‘continuously variable transmission’ which was just a type of ‘variable speed transmission’ per Applicant’s Specification Para. [0053]) coupled to (88 - driveshaft transmits rotational power from the engine to the gearing inside the hub (98 – Col. 21, ll. 29 - 33) of the first propulsor rotor) the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage); a second propulsor rotor (84, 86 – Fig. 8 right-side of fuselage) rotatable about a second propulsor axis (rotational axis of propulsor fan on right-side of fuselage); a second vane array (96 – Figs. 10d, 11, and 12) downstream of the second propulsor rotor (84, 86 – Fig. 8 right-side of fuselage), the second vane array distributed circumferentially (96 – Figs. 10a, 10d, 11, and 12) about the second propulsor (Fig. 8 right-side of fuselage) axis (dashed line in Fig. 12); and a turbocharged intermittent combustion engine (64 – Fig. 8, Abstract “turbocharger”, Col. 12, ll. 12 – 20 and Col. 15, ll. 43 - 46) configured to drive rotation of the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage) through the first variable speed transmission (82), a first drive structure (88 - left-side driveshaft) coupling the first variable speed transmission (82) to the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage); and a second drive structure (88 - right-side driveshaft) coupling the variable speed transmission to the second propulsor rotor (84, 86 – Fig. 8 right-side of fuselage).
Hines, as discussed above, is silent on said turbocharged intermittent combustion engine being a turbo-compounded intermittent combustion engine.
Dionne teaches, in Abstract, Figs. 1 – 5, and Para. [0015], an aircraft engine (12) being a turbo-compounded intermittent combustion engine (12).
It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Hines, with the turbo-compounded intermittent combustion engine, taught by Dionne, because all the claimed elements, i.e., the aircraft having a turbocharged intermittent combustion engine located within the aircraft fuselage and a turbo-compounded intermittent combustion engine, were known in the art, and one skilled in the art could have substituted the turbo-compounded intermittent combustion engine, taught by Dionne, for the turbocharged intermittent combustion engine of Hines, with no change in their respective functions, to yield predictable results, i.e., the turbo-compounded intermittent combustion engine would have burned fuel mixed with turbocharged air to generate rotational mechanical power to drive both the first and second propulsor rotors. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(B).
Hines, i.v., Dionne, as discussed above, is silent on a second variable speed transmission coupled to said second propulsor rotor and said turbo-compounded intermittent combustion engine configured to drive rotation of said second propulsor rotor through the second variable speed transmission, a transmission gearbox forward of the turbo-compounded intermittent combustion engine, the transmission gearbox extending laterally between and directly coupled to the first variable speed transmission and the second variable speed transmission, and said second drive structure coupling the second variable speed transmission to the second propulsor rotor. As discussed above, Hines teaches, in Col. 17, ll. 1 – 5, a ‘continuously variable transmission’ which was just a type of ‘variable speed transmission’ per Applicant’s Specification Para. [0053].
Nagle teaches, in Col. 6, ll. 20 – 45 and Figs. 3 and 4, a similar vehicle having an intermittent combustion engine (40) driving rotation of a first propulsor rotor (54) through a first transmission (50 – left side) and driving rotation of a second propulsor rotor (48) through a second transmission (44 – right side), said second transmission (44) coupled to said second propulsor rotor (48) and a transmission gearbox (64) forward (shown in Fig. 4, the arrow at the top of the figure points to the forward direction) of the intermittent combustion engine (40), the transmission gearbox (64) extending laterally (shown in Fig. 4, gearbox extended to the left and right of the centerline of the driveshaft 56 of the intermittent combustion engine 40) between and directly coupled (via drive shafts 72 and 70, respectively. The rotation of the input shafts of the first transmission and the second transmission would directly match the rotation of the output shafts of the transmission gearbox.) to the first transmission (50 – left side) and the second transmission (44 – right side), and said second drive structure (70 - driveshaft) coupling the second transmission (44 – right side) to the second propulsor rotor (48).
It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Hines, i.v., Dionne, with the variable speed transmission, taught by Hines, and with the second transmission coupled to said second propulsor rotor and said turbo-compounded intermittent combustion engine configured to drive rotation of said second propulsor rotor through the second transmission, a transmission gearbox forward of the turbo-compounded intermittent combustion engine, the transmission gearbox extending laterally between and directly coupled to the first transmission and the second transmission, and said second drive structure coupling the second transmission to the second propulsor rotor, taught by Nagle, because all the claimed elements, i.e., the aircraft having a turbo-compounded intermittent combustion engine located within the aircraft fuselage, a first and second transmission arrangement having the second transmission coupled to said second propulsor rotor and said combustion engine configured to drive rotation of said second propulsor rotor through the second transmission, a transmission gearbox forward of the intermittent combustion engine, the transmission gearbox extending laterally between and directly coupled to the first transmission and the second transmission, and said second drive structure coupling the second transmission to the second propulsor rotor, were known in the art, and one skilled in the art could have substituted the first transmission, second transmission, and transmission gearbox arrangement, taught by Nagle, for the transmission arrangement of Hines, i.v., Dionne, with no change in their respective functions, to yield predictable results, i.e., during operation, the turbo-compounded intermittent combustion engine would have driven the transmission gearbox input shaft and said transmission gearbox would have changed the rotational axis so that the rotational axis of the transmission gearbox output shafts was 90° from the rotational axis of the transmission gearbox input shaft and the rotational axis of the turbo-compounded intermittent combustion engine. Said transmission gearbox output shafts would have driven both the first variable speed transmission and the second variable speed transmission to drive the first propulsor rotor and the second propulsor rotor, respectively, via the first drive structure coupled the first variable speed transmission to the first propulsor rotor and via the second drive structure coupled the second variable speed transmission to the second propulsor rotor thereby rotational mechanical power produced by the turbo-compounded intermittent combustion engine would have been divided and delivered to both the first propulsor rotor and the second propulsor rotor to generate thrust to propel the aircraft. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(B).
Hines, i.v., Dionne and Nagle, as discussed above, is silent on a first geared coupling connecting the first drive structure to the first propulsor rotor, the first geared coupling arranged along a first axis of the first propulsor rotor between the first propulsor rotor and the first vane array; and a second geared coupling connecting the second drive structure to the second propulsor rotor, the second geared coupling arranged along a second axis of the second propulsor rotor between the second propulsor rotor and the second vane array.
Meditz teaches, in Figs. 1 – 5 and Col. 4, ll. 30 – 70, a similar aircraft having a
first geared coupling (45a, 60a) connecting a first drive structure (62a) to a first propulsor rotor (66a), the first geared coupling (45a, 60a) arranged along a first axis (rotational axis) of the first propulsor rotor (66a) between the first propulsor rotor (66a) and a first vane array (80a); and a second geared coupling (45b, 60b) connecting the second drive structure (62b) to the second propulsor rotor (66b), the second geared coupling (45b, 60b) arranged along a second axis (rotational axis) of the second propulsor rotor (66b) between the second propulsor rotor (66b) and the second vane array (80b).
It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Hines, i.v., Dionne and Nagle, with the first geared coupling connecting the first drive structure to the first propulsor rotor, the first geared coupling arranged along a first axis of the first propulsor rotor between the first propulsor rotor and the first vane array; and a second geared coupling connecting the second drive structure to the second propulsor rotor, the second geared coupling arranged along a second axis of the second propulsor rotor between the second propulsor rotor and the second vane array, taught by Meditz, because all the claimed elements, i.e., the aircraft having a turbo-compounded intermittent combustion engine located within the aircraft fuselage, the drivetrain arrangement including the first geared coupling connecting the first drive structure to the first propulsor rotor, the first geared coupling arranged along a first axis of the first propulsor rotor between the first propulsor rotor and the first vane array; and a second geared coupling connecting the second drive structure to the second propulsor rotor, the second geared coupling arranged along a second axis of the second propulsor rotor between the second propulsor rotor and the second vane array, were known in the art, and one skilled in the art could have substituted the first geared coupling connecting the first drive structure to the first propulsor rotor, the first geared coupling located along a first axis of the first propulsor rotor between the first propulsor rotor and the first vane array; and a second geared coupling connecting the second drive structure to the second propulsor rotor, the second geared coupling located along a second axis of the second propulsor rotor between the second propulsor rotor and the second vane array arrangement, taught by Meditz, for the differential gearing located within the hub of Hines, i.v., Dionne and Nagle, with no change in their respective functions, to yield predictable results, i.e., the first geared coupling located axially between and spaced from the first propulsor rotor and the first circumferential vane array (96 – Hines Figs. 10a, 10d, 11, and 12) facilitated making a 90° change between the rotational axis of the driveshaft and the rotational axis of the first propulsor rotor while minimizing the length and weight of the shaft connecting the first propulsor bevel gear to the first propulsor rotor. Similarly, the second geared coupling located axially between and spaced from the second propulsor rotor and the second circumferential vane array (96 – Hines Figs. 10a, 10d, 11, and 12) facilitated making a 90° change between the rotational axis of the driveshaft and the rotational axis of the second propulsor rotor while minimizing the length and weight of the shaft connecting the second propulsor bevel gear to the second propulsor rotor. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(B).
Hines, i.v., Dionne, Nagle, and Meditz, as discussed above, and Hines further teaches, in Col. 16, ll. 50 – 60, including wherein, during another mode of operation (any other mode besides the “a mode of operation” recited below), the first rotational output of the turbo-compounded intermittent combustion engine (64) provides a common rotational speed to the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage) and the second propulsor rotor (84, 86 – Fig. 8 right-side of fuselage). In other words, the first propulsor rotor and the second propulsor rotor rotating at a common rotational speed (RPM = revolutions per minute) meant that the first propulsor rotor and the second propulsor rotor generated the same amount of thrust to maintain the aircraft flying straight and level.
Hines, i.v., Dionne, Nagle, and Meditz, as discussed above, is silent on wherein during a mode of operation, a first rotational output of the turbo-compounded intermittent combustion engine provides a first rotational speed to the first propulsor rotor and a second rotational speed to the second propulsor rotor, the first rotational speed different than the second rotational speed.
Yang teaches, in Fig. 3 and Col. 2, l. 55 to Col. 3, l. 15, Col. 3, l. 45 to Col. 4, l. 35, and Col. 6, ll. 55 - 67, a similar vehicle having an intermittent combustion engine (P100 – Col. 2, ll. 55 – 60 ‘internal combustion engine’) driving rotation of a first propulsor rotor (W100) through a first transmission (CVT100 – Col. 4, ll. 25 - 35, “continuously variable transmission”) within a fuselage (L100) and driving rotation of a second propulsor rotor (W200) through a second transmission (CVT200 – Col. 4, ll. 25 - 35, “continuously variable transmission”) within the fuselage (L100), a gearbox (T101) coupled between the intermittent combustion engine (P100) and each of the first transmission (CVT100 – left side) and the second transmission (CVT200 – right side), the gearbox (T101) adjacent each of the first transmission (CVT100 – left side) and the second transmission (CVT200 – right side), the gearbox (T101) disposed forward (shown in Fig. 3) of the intermittent combustion engine (P100) and coupled to an output (solid black lines connecting P100 to T101, connecting T101 to CVT100, and connecting T101 to CVT200) of the intermittent combustion engine (P100), and the gearbox (T101) extending laterally between and to the first transmission (CVT100 – left side) and the second transmission (CVT200 – right side); the first transmission (CVT100 – left side) including a first transmission input (left end of the solid black lines connected to CVT100), the first transmission input (left end of the solid black lines connected to CVT100) coupled to (via T101) and rotatable with the output (solid black lines connecting P100 to T101) of the intermittent combustion engine (P100) through the gearbox (T101) to drive rotation of the first propulsor rotor (W100) and the second transmission (CVT200 – right side) including a second transmission input (right end of the solid black lines connected to CVT200), the second transmission input (right end of the solid black lines connected to CVT200) coupled to and rotatable with the output (solid black lines connecting P100 to T101) of the intermittent combustion engine (P100) through the gearbox (T101); wherein, during a mode of operation (Col. 4, ll. 30 – 35 “speed differential operation drive”), a first rotational output (solid black lines connecting P100 to T101) of the intermittent combustion engine (P100) provides a first rotational speed to the first propulsor rotor (W100) and a second rotational speed to the second propulsor rotor (W200), the first rotational speed different than the second rotational speed (Col. 4, ll. 30 – 35 “speed differential operation drive between wheel group (W100) and the wheel group (W200) at the load.”)
Hines further teaches, in Col. 8, ll. 13 – 20, wherein, during at least one mode of operation, the first drivetrain (88 – Fig. 8 left-side of fuselage) and the second drivetrain (88 – Fig. 8 right-side of fuselage) are configured to facilitate rotation of the first propulsor rotor (84, 86 – Fig. 8 left-side of fuselage) and the second propulsor rotor (84, 86 – Fig. 8 right-side of fuselage) at different rotational speeds. As discussed above, the first transmission of the first drivetrain was a ‘continuously variable transmission’ which was just a type of ‘variable speed transmission’. Similarly, as discussed above, the second transmission of the second drivetrain was a ‘continuously variable transmission’ which was just a type of ‘variable speed transmission’. As implied by the names ‘continuously variable transmission’ and/or ‘variable speed transmission’ the rotational speed of the transmission output shaft could continuously vary, i.e., the transmission did not have a fixed gear ratio, relative to the rotational speed of the transmission input shaft. For example, if the intermittent combustion engine had a fixed rotational speed of 5,000 rpm (revolutions per minute) and the gearbox output drove the input shaft of the first variable speed transmission at the fixed rotational speed of 5,000 rpm, then the rotational speed of the output shaft of the first variable speed transmission could continuously vary from 1,000 rpm to 10,000 rpm where a gear ratio of 0.2:1 produced the 1,000 rpm output rotational speed and a gear ratio of 2:1 produced the 10,000 rpm output rotational speed. Similarly, for a fixed input rotational speed of 5,000 rpm, the rotational speed of the output shaft of the second variable speed transmission could continuously vary from 10,000 rpm to 1,000 rpm (gear ratio varied from 2:1 to 0.2:1, respectively). Hines teaches, in Col. 8, ll. 13 – 20, “…utilizing differential thrust and thrust vectoring for additional control” of a blended body or flying wing aircraft that had no tail and therefore no tail rudder to control the yaw of the aircraft (turning the aircraft left or right). “Utilizing differential thrust” meant that it was known to control the yaw of the aircraft by having the thrust produced by the left-side propulsor be different from the thrust produced by the right-side propulsor. For example, when the left-side propulsor produced greater thrust than the right-side propulsor the aircraft would turn/yaw right. Conversely, when the right-side propulsor produced greater thrust than the left-side propulsor the aircraft would turn/yaw left. When both the left-side propulsor and the right-side propulsor produced the same thrust the aircraft would have flown straight.
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As evidenced by Fig. 15-6 on Pg. 15-5 of the “Airplane Flying Handbook”, it was a scientific fact that the amount of thrust produced by a propulsor (rotating propeller or fan blades) varied as the rotational speed (in rpm) of the propulsor was varied. As shown in Fig. 15-6, at 100% of maximum rpm (propulsor rotational speed 100%) the propulsor produced 100% of maximum thrust and at around 50% of maximum rpm the propulsor produced around 10% of maximum thrust.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Hines, i.v., Dionne, Nagle, and Meditz, with the mode of operation (i.e., “speed differential operation drive”) wherein a first rotational speed to the first propulsor rotor is different than a second rotational speed to the second propulsor rotor, taught by Yang, because Yang’s “speed differential operation drive between wheel group (W100) and the wheel group (W200)” would have facilitated Hines’ “utilizing differential thrust and thrust vectoring for additional control” by using the first variable speed transmission (CVT) to drive rotation of the first propulsor rotor at a first rotational speed and using the second variable speed transmission (CVT) to drive rotation of the second propulsor rotor at a second rotational speed where the first rotational speed was different from the second rotational speed thereby producing differential thrust. For example, to turn the nose of the aircraft right the first variable speed transmission would have been set to drive rotation of the first propulsor rotor (left-side of aircraft centerline) at 100% of maximum propulsor rotational speed (in rpm) so that the first propulsor rotor produced 100% of maximum thrust while the second variable speed transmission would have been set to drive rotation of the second propulsor rotor (right-side of aircraft centerline) at 70% of maximum propulsor rotational speed (in rpm) so that the second propulsor rotor produced around 30% of maximum thrust. The differential thrust (100% at first propulsor rotor and 30% at second propulsor rotor) would have resulted in the nose of the aircraft turning right. Similarly, to turn the nose of the aircraft left the first variable speed transmission would have been set to drive rotation of the first propulsor rotor (left-side of aircraft centerline) at 70% of maximum propulsor rotational speed (in rpm) so that the first propulsor rotor produced around 30% of maximum thrust while the second variable speed transmission would have been set to drive rotation of the second propulsor rotor (right-side of aircraft centerline) at 100% of maximum propulsor rotational speed (in rpm) so that the second propulsor rotor produced 100% of maximum thrust. The differential thrust (30% at first propulsor rotor and 100% at second propulsor rotor) would have resulted in the nose of the aircraft turning left. Conversely, when the right-side propulsor produced greater thrust than the left-side propulsor the aircraft would turn/yaw left. When both the first propulsor rotor (left-side propulsor) and the second propulsor rotor (right-side propulsor) produced the same thrust the aircraft would have flown straight. Utilizing differential thrust to yaw/turn the aircraft facilitated reducing drag by eliminating the tail rudder or reducing the size of the aircraft tail and tail rudder. Hines teaches, in Col. 19, ll. 45 – 50, allowing the aircraft (10) to fly without deflecting the tail rudder (28 – Fig. 1) results in reduced drag. Hines teaches, in Col. 6, ll. 30 – 35, “Deflecting control surfaces such as the ailerons, rudder, or elevator to maintain straight and level flight, or trim, may result a drag component generally referred to as “trim drag”.” Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that in the combination of Hines, i.v., Dionne, Nagle, Meditz, and Yang, during at least one mode of operation (when yawing/turning the aircraft left or right), the first drivetrain (including the first variable speed transmission) and the second drivetrain (including the second variable speed transmission) would have rotated the first propulsor rotor and the second propulsor rotor at different rotational speeds to utilize differential thrust to yaw/turn the aircraft from a straight flight path thereby reducing trim drag.
Claims 20 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Hines (10,894,605) in view of Nagle (6,066,012) in view of Yang (8,406,946) as evidenced by Airplane Flying Handbook, FAA-H-8083-3A, U.S. Department of Transportation, Federal Aviation Administration (FAA), 2004, pp. 15-1 to 15-24, hereinafter “Airplane Flying Handbook” in view of Lord (10,830,129), alternatively, in further view of Hoag et al. (6,092,360).
Regarding Claim 20, Hines teaches, in Figs. 1 - 12, the invention as claimed including an aircraft system, comprising: an aircraft (10 – Fig. 1) fuselage (30); a first propulsor (32 – Fig. 8 left-side of fuselage) outside of the aircraft fuselage (30); a first drivetrain (88 – Fig. 8 left-side of fuselage) coupled to the first propulsor (84, 86 – Fig. 8 left-side of fuselage), the first drivetrain (88 – Fig. 8 left-side of fuselage) comprising a transmission (82 - Col. 17, ll. 1 – 5 teaches a ‘continuously variable transmission’ which was just a type of ‘variable speed transmission’ per Applicant’s Specification Para. [0053]) within the aircraft fuselage (30); a second propulsor (32 – Fig. 8 right-side of fuselage) outside of the aircraft fuselage (30); a second drivetrain (88 – Fig. 8 right-side of fuselage) coupled to the second propulsor (84, 86 – Fig. 8 right-side of fuselage), the second drivetrain (88 – Fig. 8 right-side of fuselage) comprising a transmission (82 - Col. 17, ll. 1 – 5 teaches a ‘continuously variable transmission’ which was just a type of ‘variable speed transmission’ per Applicant’s Specification Para. [0053]) within the aircraft fuselage (30); an intermittent combustion engine (64 – Fig. 8, Col. 12, ll. 12 - 20) housed within the aircraft fuselage (30), the intermittent combustion engine (64) configured to drive rotation of the first propulsor (84, 86 – Fig. 8 left-side of fuselage) through the transmission (82), and the intermittent combustion engine (64) configured to drive rotation of the second propulsor (84, 86 – Fig. 8 right-side of fuselage) through the transmission (82); and an exhaust (70, 78, 80 – Fig. 8, Col. 16, ll. 35 - 50) located at a tail end of the aircraft fuselage (shown in Fig. 8), the exhaust (70, 78, 80 – Fig. 8) [The following functional statement was the designed and intended purpose of the exhaust (70, 78, 80).] configured to direct combustion products generated by the intermittent combustion engine (64) out of the aircraft system [The broadest reasonable interpretation of "tail end of the aircraft fuselage" is the portion of the fuselage shown in Fig. 8. Webster’s Ninth New Collegiate Dictionary, published in 1990 defined fuselage as "the central body portion of an aircraft designed to accommodate the crew and the passengers or cargo". As shown in Hines Fig. 2, the cockpit (40) and passenger compartment (38 - Col. 10, ll. 10 - 35) were located forward of the engine compartment (36). Therefore, the portion of the aircraft forward of the engine compartment (36) reads on the ordinary meaning of 'fuselage' since that portion was the central body portion of the aircraft designed to accommodate the crew (40) and the passengers (38). Consequently, the portion of the aircraft aft of the engine compartment (36) can reasonably be interpreted as the tail end of the aircraft fuselage.]; wherein the first propulsor (84, 86 – Fig. 8 left-side of fuselage) and the second propulsor (84, 86 – Fig. 8 right-side of fuselage) are discretely powered (each was driven by different drive shafts on opposite sides of the transmission) by the intermittent combustion engine (64) such that during a first mode of operation (When said intermittent combustion engine was running and rotating both said first propulsor to generate a first thrust and said second propulsor to generate a second thrust. The first thrust and the second thrust propelling said aircraft fuselage into straight and level flight through the air.), a rotational speed (Col. 6, ll. 40 – 65 “engine RPM”, i.e., revolutions per minute = RPM) of the intermittent combustion engine (64) produces a common rotational speed (Col. 16, ll. 50 – 60) of the first propulsor (84, 86 – Fig. 8 left-side of fuselage) and the second propulsor (84, 86 – Fig. 8 right-side of fuselage) [Examiner notes that the phrase “to provide matching thrust to the first propulsor and the second propulsor” is a statement of intended use and the structure of the device as taught by Hines can perform the function because Hines taught said intermittent combustion engine ran at constant RPM resulting in constant and matching thrust from the first propulsor and the second propulsor to maintain straight and level flight, Col. 16, ll. 50 – 60. As evidenced by “Airplane Flying Handbook” teaches, in Fig. 15-6 on Pg. 15-5, that the thrust was a function of the rotational speed (rpm = revolutions per minute) of the propellers/fan blades of a propulsor. Therefore, when the propellers/fan blades of the first propulsor and the second propulsor were rotating at a common rotational speed the first propulsor and the second propulsor would have generated matching thrust to facilitate the aircraft flying in a straight line.] to provide matching thrust to the first propulsor and the second propulsor.
Hines, as discussed above, is silent on said continuously variable transmission being a first transmission within the aircraft fuselage and a second transmission within the aircraft fuselage, where the intermittent combustion engine is configured to drive rotation of the first propulsor through the first transmission and, the intermittent combustion engine is configured to drive rotation of the second propulsor rotor through the second transmission; a gearbox coupled between the intermittent combustion engine and each of the first transmission and the second transmission, the gearbox disposed forward of the intermittent combustion engine, and the gearbox extending laterally between the first transmission and the second transmission.
Nagle teaches, in Col. 6, ll. 20 – 45 and Figs. 3 and 4, a similar vehicle having an intermittent combustion engine (40) driving rotation of a first propulsor rotor (54) through a first transmission (50 – left side) and driving rotation of a second propulsor rotor (48) through a second transmission (44 – right side), said second transmission (44) coupled to said second propulsor rotor (48) and a gearbox (64) coupled between the intermittent combustion engine (40) and each of a first transmission (50) and the second transmission (44), the gearbox (64) disposed forward (shown in Fig. 4, the arrow at the top of the figure points to the forward direction) of the intermittent combustion engine (40), and the gearbox (64) extending laterally (shown in Fig. 4, gearbox extended to the left and right of the centerline of the driveshaft 56 of the intermittent combustion engine 40) between the first transmission (50 – left side) and the second transmission (44 – right side).
It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Hines, with the variable speed transmission, taught by Hines, and with the first transmission within the fuselage and a second transmission within the fuselage, where the intermittent combustion engine is configured to drive rotation of the first propulsor rotor through the first transmission and where the intermittent combustion engine is configured to drive rotation of the second propulsor rotor through the second transmission, and a gearbox coupled between the intermittent combustion engine and each of the first transmission and the second transmission, the gearbox disposed forward of the intermittent combustion engine, and the gearbox extending laterally between the first transmission and the second transmission, taught by Nagle, because all the claimed elements, i.e., the aircraft having an intermittent combustion engine located within the aircraft fuselage, the first transmission within the fuselage and a second transmission within the fuselage, where the combustion engine is configured to drive rotation of the first propulsor rotor through the first transmission and where the combustion engine is configured to drive rotation of the second propulsor rotor through the second transmission, and a gearbox coupled between the intermittent combustion engine and each of the first transmission and the second transmission, the gearbox disposed forward of the intermittent combustion engine, and the gearbox extending laterally between the first transmission and the second transmission, were known in the art, and one skilled in the art could have substituted the first transmission, second transmission, and gearbox arrangement, taught by Nagle, for the transmission arrangement of Hines, with no change in their respective functions, to yield predictable results, i.e., the intermittent combustion engine would have driven the gearbox (located forward of the intermittent combustion engine) which would have driven both a first variable speed transmission and a second variable speed transmission to drive the first propulsor rotor and the second propulsor rotor, respectively, wherein a first drive shaft coupled the first variable speed transmission to the first propulsor rotor and wherein a second drive shaft coupled the second variable speed transmission to the second propulsor rotor thereby generating propulsive thrust outside the aircraft fuselage by rotating both the first propulsor rotor and the second propulsor rotor. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(B).
Hines, i.v., Nagle, as discussed above, is silent on said gearbox being adjacent each of the first transmission and the second transmission and silent on said gearbox extending laterally between and to the first transmission and the second transmission.
Yang teaches, in Fig. 3 and Col. 2, l. 55 to Col. 3, l. 15, Col. 3, l. 45 to Col. 4, l. 35, and Col. 6, ll. 55 - 67, a similar vehicle having an intermittent combustion engine (P100 – Col. 2, ll. 55 – 60 ‘internal combustion engine’) driving rotation of a first propulsor rotor (W100) through a first transmission (CVT100 – Col. 4, ll. 25 - 35, “continuously variable transmission”) within a fuselage (L100) and driving rotation of a second propulsor rotor (W200) through a second transmission (CVT200 – Col. 4, ll. 25 - 35, “continuously variable transmission”) within the fuselage (L100), a gearbox (T101) coupled between the intermittent combustion engine (P100) and each of the first transmission (CVT100 – left side) and the second transmission (CVT200 – right side), the gearbox (T101) adjacent each of the first transmission (CVT100 – left side) and the second transmission (CVT200 – right side), the gearbox (T101) disposed forward (shown in Fig. 3) of the intermittent combustion engine (P100), and said gearbox (T101) extending laterally between and to (shown in Fig. 3) the first transmission (CVT100 – left side) and the second transmission (CVT200 – right side); wherein the first propulsor (W100) and the second propulsor (W200) are discretely powered by the intermittent combustion engine (P100) such that during a second mode of operation (Col. 4, ll. 30 – 35 “speed differential operation drive”), the rotational speed of the intermittent combustion engine (P100) produces a first rotational speed (any rotational speed) of the first propulsor (W100) and a second rotational speed (any rotational speed) of the second propulsor (W200), the first rotational speed is different from the second rotational speed (Col. 4, ll. 30 – 35 “speed differential operation drive between wheel group (W100) and the wheel group (W200) at the load.”).
MPEP2144.04(VI) Rearrangement of Parts cited caselaw that rearrangement of parts was an obvious matter of design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Hines, i.v., Nagle, to have said gearbox being adjacent each of the first transmission and the second transmission and said gearbox extending laterally between and to the first transmission and the second transmission, taught by Yang, because rearranging the parts arrangement of the gearbox, the first transmission, and the second transmission of Hines, i.v., Nagle, was an obvious matter of design choice since said rearrangement would not have changed the operation of the aircraft propulsion system.
Hines, i.v., Nagle and Yang, as discussed above, is silent on wherein said first propulsor and said second propulsor are discretely powered by said intermittent combustion engine such that during a second mode of operation, the rotational speed of the intermittent combustion engine produces a first rotational speed of the first propulsor and a second rotational speed of the second propulsor, the first rotational speed providing a first thrust, the second rotational speed providing a second thrust, the first rotational speed is different from the second rotational speed, and the first thrust is different than the second thrust.
As discussed above, Yang further taught, in Col. 4, ll. 30 – 35, wherein the first propulsor (W100) and the second propulsor (W200) are discretely powered by the intermittent combustion engine (P100) such that during a second mode of operation (Col. 4, ll. 30 – 35 “speed differential operation drive”), the rotational speed of the intermittent combustion engine (P100) produces a first rotational speed (any rotational speed) of the first propulsor (W100) and a second rotational speed (any rotational speed) of the second propulsor (W200), the first rotational speed is different from the second rotational speed (Col. 4, ll. 30 – 35 “speed differential operation drive between wheel group (W100) and the wheel group (W200) at the load.”)
Hines further teaches, in Col. 8, ll. 13 – 20, wherein, during at least one mode of operation, the first drivetrain (88 – Fig. 8 left-side of fuselage) and the second drivetrain (88 – Fig. 8 right-side of fuselage) are configured to facilitate rotation of the first propulsor (84, 86 – Fig. 8 left-side of fuselage) and the second propulsor (84, 86 – Fig. 8 right-side of fuselage) at different rotational speeds. As discussed above, the first transmission of the first drivetrain was a ‘continuously variable transmission’ which was just a type of ‘variable speed transmission’. Similarly, as discussed above, the second transmission of the second drivetrain was a ‘continuously variable transmission’ which was just a type of ‘variable speed transmission’. As implied by the names ‘continuously variable transmission’ and/or ‘variable speed transmission’ the rotational speed of the transmission output shaft could continuously vary, i.e., the transmission did not have a fixed gear ratio, relative to the rotational speed of the transmission input shaft. For example, if the intermittent combustion engine had a fixed rotational speed of 5,000 rpm (revolutions per minute) and the gearbox output drove the input shaft of the first variable speed transmission at the fixed rotational speed of 5,000 rpm, then the rotational speed of the output shaft of the first variable speed transmission could continuously vary from 1,000 rpm to 10,000 rpm where a gear ratio of 0.2:1 produced the 1,000 rpm output rotational speed and a gear ratio of 2:1 produced the 10,000 rpm output rotational speed. Similarly, for a fixed input rotational speed of 5,000 rpm, the rotational speed of the output shaft of the second variable speed transmission could continuously vary from 10,000 rpm to 1,000 rpm (gear ratio varied from 2:1 to 0.2:1, respectively). Hines disclosed, in Col. 8, ll. 13 – 20, “…utilizing differential thrust and thrust vectoring for additional control” of a blended body or flying wing aircraft that had no tail and therefore no tail rudder to control the yaw of the aircraft (turning the aircraft nose left or right). “Utilizing differential thrust” meant that it was known to control the yaw (turning the aircraft nose left or right of a straight flight path) of the aircraft by having the thrust produced by the left-side propulsor be different from the thrust produced by the right-side propulsor, or vice versa. For example, when the left-side propulsor produced greater thrust than the right-side propulsor the aircraft would turn/yaw right. Conversely, when the right-side propulsor produced greater thrust than the left-side propulsor the aircraft would turn/yaw left. When both the left-side propulsor and the right-side propulsor produced the same thrust the aircraft would have flown straight.
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As evidenced by Fig. 15-6 on Pg. 15-5 of the “Airplane Flying Handbook”, it was a scientific fact that the amount of thrust produced by a propulsor (rotating propeller or fan blades) varied as the rotational speed (in rpm) of the propulsor was varied. As shown in Fig. 15-6, at 100% of maximum rpm (propulsor rotational speed 100%) the propulsor produced 100% of maximum thrust and at around 50% of maximum rpm the propulsor produced around 10% of maximum thrust.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that in the combination of Hines, i.v., Nagle and Yang, Yang’s “speed differential operation drive between wheel group (W100) and the wheel group (W200)” would have facilitated Hines’ “utilizing differential thrust and thrust vectoring for additional control” by using the first variable speed transmission (CVT) to drive rotation of the first propulsor at a first rotational speed and using the second variable speed transmission (CVT) to drive rotation of the second propulsor at a second rotational speed where the first rotational speed providing a first thrust [Designed and intended purpose of the first propulsor.] was different from the second rotational speed which provided a second thrust [Designed and intended purpose of the second propulsor.] thereby having the first thrust is different than the second thrust, i.e., producing differential thrust. For example, to turn the nose of the aircraft right the first variable speed transmission would have been set to drive rotation of the first propulsor rotor (left-side of aircraft centerline) at 100% of maximum propulsor rotational speed (in rpm) so that the first propulsor rotor produced 100% of maximum thrust while the second variable speed transmission would have been set to drive rotation of the second propulsor rotor (right-side of aircraft centerline) at 70% of maximum propulsor rotational speed (in rpm) so that the second propulsor rotor produced around 30% of maximum thrust. The differential thrust (100% at first propulsor rotor and 30% at second propulsor rotor) would have resulted in the nose of the aircraft turning right. Similarly, to turn the nose of the aircraft left the first variable speed transmission would have been set to drive rotation of the first propulsor rotor (left-side of aircraft centerline) at 70% of maximum propulsor rotational speed (in rpm) so that the first propulsor rotor produced around 30% of maximum thrust while the second variable speed transmission would have been set to drive rotation of the second propulsor rotor (right-side of aircraft centerline) at 100% of maximum propulsor rotational speed (in rpm) so that the second propulsor rotor produced 100% of maximum thrust. The differential thrust (30% at first propulsor rotor and 100% at second propulsor rotor) would have resulted in the nose of the aircraft turning left. Conversely, when the right-side propulsor produced greater thrust than the left-side propulsor the aircraft would turn/yaw left. When both the first propulsor (left-side propulsor) and the second propulsor (right-side propulsor) produced the same thrust the aircraft would have flown straight. Utilizing differential thrust to yaw/turn the aircraft facilitated reducing drag by eliminating the tail rudder or reducing the size of the aircraft tail and tail rudder. Hines teaches, in Col. 19, ll. 45 – 50, allowing the aircraft (10) to fly without deflecting the tail rudder (28 – Fig. 1) results in reduced drag. Hines teaches, in Col. 6, ll. 30 – 35, “Deflecting control surfaces such as the ailerons, rudder, or elevator to maintain straight and level flight, or trim, may result a drag component generally referred to as “trim drag”.” Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that in the combination of Hines, i.v., Nagle and Yang, would have facilitated a second mode of operation (when yawing/turning the aircraft left or right using differential thrust), wherein the rotational speed of the intermittent combustion engine produce a first rotational speed of the first propulsor and a second rotational speed of the second propulsor, the first rotational speed providing a first thrust, the second rotational speed providing a second thrust, the first rotational speed is different from the second rotational speed, and the first thrust is different than the second thrust to utilize differential thrust to yaw/turn the aircraft from a straight flight path thereby reducing trim drag.
Hines, i.v., Nagle and Yang, a.e. “Airplane Flying Handbook”, as discussed above, is silent on an inlet configured to direct boundary layer air flowing along the aircraft fuselage to the intermittent combustion engine.
Lord teaches, in Figs. 2 – 4 and Col. 6, ll. 10 - 20, an aft end (114 – tail section) having an inlet (125) configured to direct boundary layer air flowing along the aircraft fuselage (106) to a combustion engine to facilitate creating a thinner boundary layer approaching the propulsors thereby allowing them to be positioned closer to the fuselage resulting in a shorter strut (136) and shorter drive shaft (116).
It would have been obvious, to one of ordinary skill in the art at the time of the invention, to modify Hines, i.v., Nagle and Yang, a.e. “Airplane Flying Handbook”, with the inlet configured to direct boundary layer air flowing along the aircraft fuselage, taught by Lord, because all the claimed elements, i.e., the aircraft having an intermittent combustion engine located within the aircraft fuselage, the aircraft having an exhaust located at an aft end of the aircraft fuselage, and inlet configured to direct boundary layer air flowing along the aircraft fuselage to a combustion engine, were known in the art, in combination each one of the components would perform the same function as it did separately, and one skilled in the art could have combined the elements as claimed by known methods, with no change in their respective functions, to yield predictable results, i.e., a portion of the boundary layer air flowing along the aircraft fuselage would have been directed to the intermittent combustion engine thereby resulting in a thinner boundary layer of air downstream of said inlet, e.g., free-stream airflow would have been closer to the fuselage portion downstream of said inlet. The thinner boundary layer air would have facilited a lighter and less expensive aircraft by allowing the propulsors to be located closer to the fuselage thereby allowing a shorter strut and shorter drive shaft which would have reduced aircraft weight and reduced material cost. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(A).
Alternatively, if one of ordinary skill in the aircraft art would not have understood that the broadest reasonable interpretation of “tail end of the aircraft fuselage” was the portion of the fuselage shown in Hines - Fig. 8. Then Hoag teaches, in Figs. 1 – 3 and Col. 4, ll. 5 - 10, an aircraft fuselage having an aft end (22) with an exhaust (44 – Col. 4, ll. 20 - 30) located at a tail end of the aircraft fuselage, best seen in Fig. 1.
It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Hines, i.v., Nagle, Yang, and Lord, a.e. “Airplane Flying Handbook”, with the exhaust located at a tail end of the aircraft fuselage, taught by Hoag, because all the claimed elements, i.e., the aircraft having an intermittent combustion engine located within the aircraft fuselage and the exhaust located at a tail end of the aircraft fuselage, were known in the art, and one skilled in the art could have substituted the exhaust outlet location, taught by Hoag, for the exhaust outlet location of Hines, i.v., Nagle, Yang, and Lord, a.e. “Airplane Flying Handbook”, with no change in their respective functions, to yield predictable results, i.e., the exhaust outlet located at the tail end of the aircraft fuselage would have exhausted the exhaust gases from the intermittent combustion engine into the atmosphere. KSR, 550 U.S. 398 (2007), 82 USPQ2d at 1395; MPEP 2143(B).
Re Claim 25, Hines, i.v., Nagle, Yang, and Lord, a.e. “Airplane Flying Handbook”, or alternatively Hines, i.v., Nagle, Yang, Lord, and Hoag,, a.e. “Airplane Flying Handbook”, teaches the invention as claimed and as discussed above, and Hines further teaches, in Figs. 1 – 7, further comprising: an airframe including the aircraft fuselage (30), a plurality of aircraft wings (12) and an aircraft vertical stabilizer (26); the fuselage (30) includes an aft end region (36 – Fig. 2, between 44 and 34) and the tail end (Fig. 2, region aft of 34); the first propulsor (84, 86 – Fig. 8 left-side of fuselage) and the second propulsor (84, 86 – Fig. 8 right-side of fuselage) are located at the aft end region (36 – Fig. 2, between 44 and 34); the plurality of aircraft wings (12) are located forward of the aft end region (36 – Fig. 2, between 44 and 34); and the vertical stabilizer (26) is located at the tail end (Fig. 2, region aft of 34) of the fuselage (30).
Response to Arguments
Applicant's arguments filed 11/17/2025 have been fully considered and to the extent possible have been addressed in the rejections above, at the appropriate locations.
Correspondence
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/LORNE E MEADE/Primary Examiner, Art Unit 3741