Prosecution Insights
Last updated: April 19, 2026
Application No. 18/188,805

ELECTRICALLY DRIVEN DUCTED FAN ENGINE

Non-Final OA §103§112
Filed
Mar 23, 2023
Examiner
PRUITT, JUSTIN A
Art Unit
3745
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Lilium Eaircraft GmbH
OA Round
3 (Non-Final)
64%
Grant Probability
Moderate
3-4
OA Rounds
3y 1m
To Grant
79%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
162 granted / 255 resolved
-6.5% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
41 currently pending
Career history
296
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
53.8%
+13.8% vs TC avg
§102
22.1%
-17.9% vs TC avg
§112
21.4%
-18.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 255 resolved cases

Office Action

§103 §112
Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Continued Examination Under 37 CFR 1.114 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 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/05/2026 has been entered. Response to Amendment The amendment submitted 01/05/2026 has been entered. Claims 1 and 5-11 remain pending. Claims 2-4 and 12 have been cancelled. New claims 13-24 has been added. Response to Arguments Applicant's arguments filed 01/05/2026 have been fully considered but they are not persuasive. The amendments to the claims have changed the scope of the claims necessitating modified and new grounds of rejection. Please see modified and new grounds of rejection below. The Applicant argues the prior art does not teach all limitations of the claims since “Hennig does not teach that the engine is pivotably mounted to the wing such that it pivots relative to the wing”. The Examiner respectfully disagrees. The does not require that the engine pivot relative to the wing; rather, is merely requires it be mounted to the wings that allows it to pivot which in the case of Hennig pivots with the wing not relative to it. Claim Objections Claim 6 objected to because of the following informalities: the claim recites “porous linear material” which should be “porous liner . Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 6-7, 9-10, 14, and 16-19 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Each of claims 6, 9, and 14 recites “wherein the porosity is defined as a ratio of a volume of holes in the acoustic liner to a total volume of the acoustic liner” however Applicant’s disclosure as originally filed does not seem to support this limitation. The Applicant suggests support may be found “throughout the as-filed specification, including Fig 1” however the specification is silent regarding any definition of porosity nor does Figure 1 reasonably disclose how porosity is to be defined. Porosity may be defined in many different ways, e.g. most commonly in the acoustic liner art as a ratio of areas, and the subject limitations appear to try to introduce a special definition for porosity to the exclusion of other definitions for which the disclosure as originally filed does not disclose, teach, nor suggest. For the reasons above, Applicant’s disclosure as originally filed would not disclose to one of ordinary skill in the art that the Applicant had possession of the claimed invention at the time of filing. Each of claims 7, 10, and 16-23 depend from one of claims 6, 9, and 14 and inherit all deficiencies of the parent claim. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 6-7, 9-10, and 16-23 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 6 and 9 recite “wherein the porosity is defined as a ratio of a volume of holes in the acoustic liner to a total volume of the acoustic liner” which renders the claims indefinite as it is unclear which structure comprises the holes claimed. For example, claims 6 and 9 each claim that the porous liner material or Helmholtz liners, respectively, are tuned to a porosity however the definition for porosity is directed to holes “in the acoustic liner” making it unclear whether the volume of holes of the claim are for holes on a sheet/liner covering the honeycomb cells, the honeycomb cells themselves, or a combination of both. For the purpose of examination and compact prosecution, the volume of holes in the acoustic liner will be interpreted as any volume of any one or combination of holes in the acoustic liner. Claims 7, 10, and 16-23 depend from one of claims 6 and 9 and inherit all deficiencies of the parent claim. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 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. Claim(s) 1, 5, 13, 15, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 11387693 to Hennig in view of US 11434819 to Murugappan. (a) Regarding claim 1: (i) Hennig discloses an aircraft (100, Figs 1a-b) comprising a fuselage (102, Fig 1b); at least one pair of wings (primary and canard wings 104/106, Figs 1a-b); and at least one electrically driven ducted fan engine (ducted fans 108/110, Figs 1a) pivotably mounted to one of the wings (ducted fan engines mounted to and pivot with primary and canard wings 104/106 between vertical and horizontal configurations, Fig 1a), the at least one electrically driven ducted fan engine including: a housing (duct chamber 210) with an inner housing wall (inner wall of duct chamber 210, Figs 2a-3b), defining a substantially cylindrical inner space (inner space of duct chamber 210, Figs 2a-3b) and a longitudinal axis (axis of rotation of thrust assembly 212, Fig 3a-4a); an inlet opening provided in the housing (portion of duct chamber 210 upstream of thrust assembly 212, Figs 3a-4a); a rotor (fan assembly 404, Fig 4a) with a multitude of rotor blades (fan blades 412, Fig 4a) positioned in an inner space of the housing downstream of the inlet opening with respect to the longitudinal axis of the ducted fan engine (Figs 3a-b); an electrical motor (406, Fig 4a) configured to rotate the multitude of rotor blades (Col 6 Lns 23-24); a stator assembly (stator 410, Fig 4a) with a multitude of guide vanes (stator blades 414, Fig 4a) extending from a radially central region of the inner space to the inner housing wall (Figs 3a-4a), wherein the stator assembly is fixedly arranged in the inner space of the housing downstream of the rotor with respect to the longitudinal axis of the ducted fan engine (Figs 3a-3b); and an exhaust opening (downstream opening downstream of thrust assembly 212, Figs 3a-3b) provided in the housing downstream of the stator assembly with respect to the longitudinal axis of the ducted fan engine (Figs 3a-3b); (ii) Hennig does not explicitly disclose wherein an acoustic liner is provided to the housing. (iii) Murugappan is also in the field of acoustic liners (see title) and teaches: a housing (fan casing portion 122 and transcowl portion 124, Fig 1), wherein an acoustic liner (100) is provided to the housing (acoustic liners 100 may be positioned … aft of a fan casing portion 122 and/or transcowl portion 124, Col 6 Lns 22-24, Fig 1). (iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the housing as disclosed by Hennig with the above aforementioned acoustic liner as taught by Murugappan for the purpose of suppressing, damping, or attenuating noise (Col 6 Lns 25-36). (d) Regarding claim 5: (i) Hennig as modified by Murugappan teaches the aircraft of claim 1. (ii) Hennig as modified by Murugappan further teaches wherein the acoustic liner comprises a porous liner material (Murugappan: due to any or all of apertures 212, Figs 2A-2D; reticulations 400, Figs 4A-4E; pathways 502, Fig 5; and resonant spaces 207, Figs 6-8C/11B-12B). (e) Regarding claim 13: (i) Hennig as modified by Murugappan teaches the aircraft of claim 1. (ii) Murugappan further teaches: wherein the ducted fan engine has an inlet section (inner barrel 120, Fig 1), an interstage region (region between aft edge of casing portion 122 and unlabeled guide vanes, see Fig 1 and annotated Fig 1 below), a guide vane region (region taken up by guide vanes, see annotated Fig 1 below), and an exhaust region (region of transcowl portion 124 downstream of guide vanes, see annotated Fig 1 below; and/or core cowl portion 126, Fig 1); wherein the inlet section is defined as a region between an inlet opening (inlet 112, Fig 1) and the rotor (Fig 1); the interstage region is defined as a region between the rotor and the stator assembly (see annotated Fig 1 below); the guide vane region is defined as a region in a longitudinal section of the ducted fan engine in which the guide vanes extend to the inner housing wall (see annotated Fig 1 below); and the exhaust region is defined as a region between the stator assembly and the exhaust opening (as defined, see annotated Fig 1 below). PNG media_image1.png 305 380 media_image1.png Greyscale (f) Regarding claim 15: (i) Hennig as modified by Murugappan teaches the aircraft of claim 13. (ii) Hennig as modified by Murugappan further teaches wherein the inlet section is devoid of acoustic liner (Murugappan: Fig 1). (g) Regarding claim 24: (i) Hennig as modified by Murugappan teaches the aircraft of claim 13. (ii) Hennig as modified by Murugappan further wherein the acoustic liner is provided to the housing in the interstage region, the guide vane region, and the exhaust region (Murugappan: Col 6 Lns 8-14/30-31, Fig 1). Claim(s) 6-10 and 17-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 11387693 to Hennig in view of US 11434819 to Murugappan as applied to claim 5 above, and further in view of US 10107139 to Jones. (a) Regarding claim 6: (i) Hennig as modified by Murugappan teaches the aircraft of claim 5. (ii) Hennig as modified by Murugappan further teaches wherein the porous liner material is tuned (Col 9 Lns 16-19) to at least partially absorb a sound emitted by the aircraft (Murugappan: Col 1 Lns 14-17) with respect to a porosity (Murugappan: Col 2 Lns 3-5; Col 8 Lns 18-38) and cavity thickness (Col 1 Ln 64 – Col 2 Ln 2; Col 8 Lns 6-27), wherein: the porosity is defined as a ratio of a volume of holes in the acoustic liner to a total volume of the acoustic liner (as defined), and the cavity thickness is defined as a thickness of a hole in the porous liner material (as defined). (iii) Hennig as modified by Murugappan does not teach wherein the porous liner material is tuned to absorb a sound emitted by the aircraft with respect to a flow resistivity and tortuosity of the porous liner material, wherein: the flow resistivity is defined as a measure of the resistance to the passage of sound waves through the porous liner material; and the tortuosity is defined as a ratio of a path length through the porous linear material to a straight-line thickness of the porous liner material. (iv) Jones is also in the field of acoustic liners (see title) and teaches wherein a porous liner material (face sheet 210, Fig 2) is tuned to at least partially absorb a sound (Col 4 Lns 25-50/61-67; Col 7 Lns 57-63) emitted by an aircraft (Col 1 Lns 35-36) with respect to a porosity (Col 4 Lns 7-9; Col 7 Lns 57-63), cavity thickness (Col 3 Ln 65-67; Col 4 Lns 7-9/16-17; Col 7 Lns 50-51), flow resistivity (Col 7 Lns 57-63), and tortuosity (Col 4 Lns 61-67, Fig 3) of the porous liner material, wherein: the porosity is defined as a ratio of a volume of holes in the acoustic liner to a total volume of the acoustic liner (as defined); the cavity thickness is defined as a thickness of a hole in the porous liner material (as defined); the flow resistivity is defined as a measure of the resistance to the passage of sound waves through the porous liner material (Col 7 Ln 60); and the tortuosity is defined as a ratio of a path length through the porous linear material to a straight-line thickness of the porous liner material (chamber path length greater than height, i.e. straight-line thickness; Col 4 Lns 61-67, Fig 3). (v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the porous liner material as taught by the combined teachings of Hennig as modified by Murugappan to be tuned with respect to a porosity, cavity thickness, flow resistivity, and tortuosity of the porous liner material as taught by Jones for the purpose of tuning the porous liner material to have a desired acoustic absorption (Col 4 Lns 7-9), in particular tuning for specific frequencies (Col 4 Lns 25-50/61-67; Col 7 Lns 57-63), and reducing the overall height of the acoustic liner (Col 1 Lns 49-51). (b) Regarding claim 7: (i) Hennig as modified by Murugappan as further modified by Jones teaches the aircraft of claim 6. (ii) Hennig as modified by Murugappan as modified by Jones further teaches wherein the porosity of the porous liner material is in the range of 80 to 99% (Murugappan: Col 2 Lns 4-5) and the cavity thickness of the porous liner material is approximately one quarter of a wavelength of a sound emitted by the aircraft (Jones: Col 4 Lns 25-26). (c) Regarding claim 8: (i) Hennig as modified by Murugappan teaches the aircraft of claim 1. (ii) Hennig as modified by Murugappan does not explicitly teach wherein the acoustic liner comprises Helmholtz liners; (iii) Jones is also in the field of acoustic liners (see title) and teaches an acoustic liner (acoustic liner 200) comprising Helmholtz liners (Col 4 Ln 36). (iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the acoustic liner as taught by Hennig as modified by Murugappan to comprise Helmholtz liners as taught by Jones for the purpose of providing an acoustic liner with reduced height that absorbs lower frequency noise in addition to higher frequencies (Col 3 Lns 38-42). (d) Regarding claim 9: (i) Hennig as modified by Murugappan as further modified by Jones teaches the aircraft of claim 8. (ii) Jones further teaches wherein the Helmholtz liners are tuned with respect to: a cavity thickness (Col 1 Ln 62 – Col 2 Ln 5; Col 5 Lns 2-4), porosity (Col 4 Lns 7-9; Col 7 Lns 57-63), plate thickness (Col 4 Lns 7-9), hole diameter (Col 4 Lns 7-9), and cavity depth (Col 3 Ln 65-67; Col 4 Lns 7-9/16-17; Col 7 Lns 50-51) of the Helmholtz liners, wherein: the porosity is defined as a ratio of a volume of holes in the acoustic liner to a total volume of the acoustic liner (as defined); the plate thickness is defined as a thickness of the acoustic liner (as defined); the hole diameter is defined as a diameter of a hole in the acoustic liner (as defined); and the cavity depth is defined as a depth of a hole in the acoustic liner (as defined). (e) Regarding claim 10: (i) Hennig as modified by Murugappan as further modified by Jones teaches the aircraft of claim 8. (ii) Hennig as modified by Murugappan as further modified by Jones further teaches: wherein the Helmholtz liners have a hole diameter in a range of 0.1 to 5 mm (Murugappan: Col 1 Ln 67 – Col 2 Ln 2), a cavity thickness in a range of one-twentieth to one-fourth of a wavelength of a sound emitted by the aircraft (Jones: Col 4 Lns 25-27). (iii) Hennig as modified by Murugappan as further modified by Jones do not explicitly teach wherein a porosity is in a range of 2 to 10%. (iv) Jones further teaches wherein the porosity controls the amount of acoustic absorption that will occur (Col 4 Lns 7-9) as well as affecting the resistance through the hole geometry (Col 7 Lns 60-61), thereby establishing porosity as a result effective variable. Routine optimization of a result effective variable requires only ordinary skill in the art, see MPEP 2144.05(II). (v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the porosity as taught by the combined teachings of Hennig as modified by Murugappan as further modified by Jones to be within the claimed range through routine optimization of a result effective variable, see MPEP 2144.05(II). (f) Regarding claim 17: (i) Hennig as modified by Murugappan as further modified by Jones teaches the aircraft of claim 9. (ii) Hennig as modified by Murugappan as further modified by Jones further teaches wherein the Helmholtz liners have a thickness greater than about 41 mm (Jones: chamber length of 0.5” to 7” corresponding to a range of about 12.7-178 mm for which the liner must be thicker than, Col 4 Lns 57-58), a plate thickness of about 0.5 mm (Murugappan: Col 1 Lns 66-67), a hole diameter of about 0.25 mm (Murugappan: Col 1 Ln 67 – Col 2 Ln 2), and a cavity depth of about 42 mm (Jones: chamber length 0.5” to 7” corresponding to a range of about 12.7-178 mm, Col 4 Lns 57-58). (iii) Hennig as modified by Murugappan as further modified by Jones does not explilcitly teach a porosity of about 5%. (iv) Jones further teaches wherein the porosity controls the amount of acoustic absorption that will occur (Col 4 Lns 7-9) as well as affecting the resistance through the hole geometry (Col 7 Lns 60-61), thereby establishing porosity as a result effective variable. Routine optimization of a result effective variable requires only ordinary skill in the art, see MPEP 2144.05(II). (v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the porosity as taught by the combined teachings of Hennig as modified by Murugappan as further modified by Jones to be within the claimed range through routine optimization of a result effective variable, see MPEP 2144.05(II). (g) Regarding claim 18: (i) Hennig as modified by Murugappan as further modified by Jones teaches the aircraft of claim 9. (ii) Hennig as modified by Murugappan as further modified by Jones further teaches wherein the Helmholtz liners have a thickness in a range of about 35 to 41 mm (Jones: chamber length of 0.5” to 7” corresponding to a range of about 12.7-178 mm for which the liner must be thicker than, Col 4 Lns 57-58), a plate thickness of about 0.5 mm (Murugappan: Col 1 Lns 66-67), a hole diameter of about 0.25 mm (Murugappan: Col 1 Ln 67 – Col 2 Ln 2), and a cavity depth of about 36 mm (Jones: chamber length 0.5” to 7” corresponding to a range of about 12.7-178 mm, Col 4 Lns 57-58). (iii) Hennig as modified by Murugappan as further modified by Jones does not explilcitly teach a porosity of about 10%. (iv) Jones further teaches wherein the porosity controls the amount of acoustic absorption that will occur (Col 4 Lns 7-9) as well as affecting the resistance through the hole geometry (Col 7 Lns 60-61), thereby establishing porosity as a result effective variable. Routine optimization of a result effective variable requires only ordinary skill in the art, see MPEP 2144.05(II). (v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the porosity as taught by the combined teachings of Hennig as modified by Murugappan as further modified by Jones to be within the claimed range through routine optimization of a result effective variable, see MPEP 2144.05(II). (h) Regarding claim 19: (i) Hennig as modified by Murugappan as further modified by Jones teaches the aircraft of claim 9. (ii) Hennig as modified by Murugappan as further modified by Jones further teaches wherein the Helmholtz liners have a thickness in a range of about 25 to 35 mm (Jones: chamber length of 0.5” to 7” corresponding to a range of about 12.7-178 mm for which the liner must be thicker than, Col 4 Lns 57-58), a plate thickness of about 0.5 mm (Murugappan: Col 1 Lns 66-67), a hole diameter of about 0.25 mm (Murugappan: Col 1 Ln 67 – Col 2 Ln 2), and a cavity depth of about 28.5 mm (Jones: chamber length 0.5” to 7” corresponding to a range of about 12.7-178 mm, Col 4 Lns 57-58). (iii) Hennig as modified by Murugappan as further modified by Jones does not explilcitly teach a porosity of about 10%. (iv) Jones further teaches wherein the porosity controls the amount of acoustic absorption that will occur (Col 4 Lns 7-9) as well as affecting the resistance through the hole geometry (Col 7 Lns 60-61), thereby establishing porosity as a result effective variable. Routine optimization of a result effective variable requires only ordinary skill in the art, see MPEP 2144.05(II). (v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the porosity as taught by the combined teachings of Hennig as modified by Murugappan as further modified by Jones to be within the claimed range through routine optimization of a result effective variable, see MPEP 2144.05(II). (i) Regarding claim 20: (i) Hennig as modified by Murugappan as further modified by Jones teaches the aircraft of claim 9. (ii) Hennig as modified by Murugappan as further modified by Jones further teaches wherein the Helmholtz liners have a thickness in a range of about 20 to 25 mm (Jones: chamber length of 0.5” to 7” corresponding to a range of about 12.7-178 mm for which the liner must be thicker than, Col 4 Lns 57-58), a plate thickness of about 0.5 mm (Murugappan: Col 1 Lns 66-67), a hole diameter of about 0.25 mm (Murugappan: Col 1 Ln 67 – Col 2 Ln 2), and a cavity depth of about 23.5 mm (Jones: chamber length 0.5” to 7” corresponding to a range of about 12.7-178 mm, Col 4 Lns 57-58). (iii) Hennig as modified by Murugappan as further modified by Jones does not explilcitly teach a porosity of about 11.5%. (iv) Jones further teaches wherein the porosity controls the amount of acoustic absorption that will occur (Col 4 Lns 7-9) as well as affecting the resistance through the hole geometry (Col 7 Lns 60-61), thereby establishing porosity as a result effective variable. Routine optimization of a result effective variable requires only ordinary skill in the art, see MPEP 2144.05(II). (v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the porosity as taught by the combined teachings of Hennig as modified by Murugappan as further modified by Jones to be within the claimed range through routine optimization of a result effective variable, see MPEP 2144.05(II). (j) Regarding claim 21: (i) Hennig as modified by Murugappan as further modified by Jones teaches the aircraft of claim 9. (ii) Hennig as modified by Murugappan as further modified by Jones further teaches wherein the Helmholtz liners have a thickness in a range of about 15 to 20 mm (Jones: chamber length of 0.5” to 7” corresponding to a range of about 12.7-178 mm for which the liner must be thicker than, Col 4 Lns 57-58), a plate thickness of about 0.5 mm (Murugappan: Col 1 Lns 66-67), a hole diameter of about 0.4 mm (Murugappan: Col 1 Ln 67 – Col 2 Ln 2), and a cavity depth of about 18 mm (Jones: chamber length 0.5” to 7” corresponding to a range of about 12.7-178 mm, Col 4 Lns 57-58). (iii) Hennig as modified by Murugappan as further modified by Jones does not explilcitly teach a porosity of about 11.5%. (iv) Jones further teaches wherein the porosity controls the amount of acoustic absorption that will occur (Col 4 Lns 7-9) as well as affecting the resistance through the hole geometry (Col 7 Lns 60-61), thereby establishing porosity as a result effective variable. Routine optimization of a result effective variable requires only ordinary skill in the art, see MPEP 2144.05(II). (v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the porosity as taught by the combined teachings of Hennig as modified by Murugappan as further modified by Jones to be within the claimed range through routine optimization of a result effective variable, see MPEP 2144.05(II). (k) Regarding claim 22: (i) Hennig as modified by Murugappan as further modified by Jones teaches the aircraft of claim 9. (ii) Hennig as modified by Murugappan as further modified by Jones further teaches wherein the Helmholtz liners have a thickness in a range of about 10 to 15 mm (Jones: chamber length of 0.5” corresponding to about 12.7 mm for which the liner must be thicker than, Col 4 Lns 57-58), a plate thickness of about 0.5 mm (Murugappan: Col 1 Lns 66-67), a hole diameter of about 0.4 mm (Murugappan: Col 1 Ln 67 – Col 2 Ln 2), and a cavity depth of about 15 mm (Jones: chamber length greater than 0.5” corresponding to about 12.7 mm, Col 4 Lns 57-58). (iii) Hennig as modified by Murugappan as further modified by Jones does not explilcitly teach a porosity of about 13%. (iv) Jones further teaches wherein the porosity controls the amount of acoustic absorption that will occur (Col 4 Lns 7-9) as well as affecting the resistance through the hole geometry (Col 7 Lns 60-61), thereby establishing porosity as a result effective variable. Routine optimization of a result effective variable requires only ordinary skill in the art, see MPEP 2144.05(II). (v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the porosity as taught by the combined teachings of Hennig as modified by Murugappan as further modified by Jones to be within the claimed range through routine optimization of a result effective variable, see MPEP 2144.05(II). (l) Regarding claim 23: (i) Hennig as modified by Murugappan as further modified by Jones teaches the aircraft of claim 9. (ii) Hennig as modified by Murugappan as further modified by Jones further teaches wherein the Helmholtz liners have a thickness of about 10 mm (Jones: chamber length of 0.5” corresponding to about 12.7 mm for which the liner must be thicker than, Col 4 Lns 57-58), a plate thickness of about 0.5 mm (Murugappan: Col 1 Lns 66-67), a hole diameter of about 0.4 mm (Murugappan: Col 1 Ln 67 – Col 2 Ln 2), and a minimum cavity depth of about 10 mm (Jones: chamber length greater than 0.5” corresponding to about 12.7 mm, Col 4 Lns 57-58). (iii) Hennig as modified by Murugappan as further modified by Jones does not explilcitly teach a porosity of about 4.5%. (iv) Jones further teaches wherein the porosity controls the amount of acoustic absorption that will occur (Col 4 Lns 7-9) as well as affecting the resistance through the hole geometry (Col 7 Lns 60-61), thereby establishing porosity as a result effective variable. Routine optimization of a result effective variable requires only ordinary skill in the art, see MPEP 2144.05(II). (v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the porosity as taught by the combined teachings of Hennig as modified by Murugappan as further modified by Jones to be within the claimed range through routine optimization of a result effective variable, see MPEP 2144.05(II). Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 11387693 to Hennig in view of US 11434819 to Murugappan as evidenced by non-patent literature “Architectural performance assement of an electric vertical take-off and landing (d-VTOL) aircraft based on a ducted vectored thrust concept” to Nathen. (a) Regarding claim 11: (i) Hennig as modified by Murugappan teaches the aircraft of claim 1. (ii) Hennig as modified by Murugappan does not explicitly teach wherein the ducted fan engine has a diameter of 28 to 38 cm. (iii) Applicant has disclosed no criticality, nor any new or unexpected results, from sizing the ducted fan engine within the range claimed and the engine of the prior art would perform the same when sized within the claimed range. Merely reciting an inventions size does not distinguish the claimed invention over the prior art, see MPEP 2144.04(IV)(A). Additionally, ducted fan engines sized within the claimed range are well known in the art as evidenced by Nathen (Page 7 between Figure 2 and Table 1, fan shroud diameter is taught as 29.5 cm). (iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ducted fan engine as taught by Hennig as modified by Murugappan to be within a size range as claimed as an obvious matter of design choice arriving at a configuration well known in the art as evidenced by Nathen. Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 11387693 to Hennig in view of US 11434819 to Murugappan in further view of US 10107139 to Jones as applied to claim 6 above, and further in view of US 9290274 to Roach. (a) Regarding claim 16: (i) Hennig as modified by Murugappan as further modified by Jones teaches the aircraft of claim 6. (ii) Hennig as modified by Murugappan as further modified by Jones further teaches wherein the porous liner material has a cover plate thickness of about 1mm (Murugappan: Col 8 Lns 8-10) and a hole diameter of about 2mm (Murugappan: Col 8 Lns 18-20). (iii) Hennig as modified by Murugappan as further modified by Jones does not teach wherein the porous liner material has a porosity of about 0.9233, a tortuosity of 1.455, and a cover plate porosity of about 15%. (iv) Roach is also in the field of acoustic liners (see title) and teaches wherein porosity and tortuosity affect which frequencies of sound that are attenuated (Col 3 Lns 55-58), thereby making each a result effective variable. Routine optimization of a result effective variable requires only ordinary skill in the art, see MPEP 2144.05(II). (v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the porosities and tortuosity as taught by the combined teachings of Hennig as modified by Murugappan as further modified by Jones to be within the claimed range through routine optimization of a result effective variable, see MPEP 2144.05(II). Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 11387693 to Hennig in view of US 11434819 to Murugappan as applied to claim 13 above, and further in view of US 20110167785 to Moore. (a) Regarding claim 14: (i) Hennig as modified by Murugappan teaches the aircraft of claim 13. (ii) Hennig as modified by Murugappan further teach wherein the acoustic liner is applied to the housing in at least two of the interstage region, the guide vane region, and the exhaust region (Col 6 Lns 8-14/30-31, Fig 1); wherein a porosity is defined as a ratio of a volume of holes in the acoustic liner to a total volume of the acoustic liner (as defined); a plate thickness is defined as a thickness of the acoustic liner (as defined); a hole diameter is defined as a diameter of a hole in the acoustic liner (as defined); and a cavity depth is defined as a depth of a hole in the acoustic liner (as defined). (iii) Hennig as modified by Murugappan do not teach wherein at least one acoustic property of the acoustic liner is different between the at least two regions, the at least one acoustic property of the acoustic liner being selected from the group consisting of porosity, plate thickness, hole diameter, and cavity depth. (iv) Moore is also in the field of turbofans (see title) and teaches an acoustic liner (honeycomb core 137a, facesheet 137b, and second facesheet 137d; Par 0074) wherein a cavity depth varies over an axial length of a turbofan (Par 0074) and further that different acoustic liners in different locations may vary in porosity, plate thickness, hole diameter, and cavity depth (Par 0074). (v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the at least two regions as taught by the combined teachings of Hennig as modified by Murugappan to have at least one differing acoustic property as taught by Moore for the purpose of tailoring the acoustic liner of differing regions to the differing needs of the differing regions, e.g. differing gas temperatures and spectral noise signatures (Par 0074). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin A Pruitt whose telephone number is (571)272-8383. The examiner can normally be reached T-F 8:30am - 6:30pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JUSTIN A PRUITT/Examiner, Art Unit 3745 /NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
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Prosecution Timeline

Mar 23, 2023
Application Filed
Jan 16, 2024
Non-Final Rejection — §103, §112
Apr 02, 2024
Response Filed
Jun 19, 2024
Final Rejection — §103, §112
Sep 30, 2024
Response after Non-Final Action
Feb 19, 2025
Response after Non-Final Action
Jan 05, 2026
Request for Continued Examination
Mar 04, 2026
Response after Non-Final Action
Mar 08, 2026
Non-Final Rejection — §103, §112
Apr 09, 2026
Interview Requested

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

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Prosecution Projections

3-4
Expected OA Rounds
64%
Grant Probability
79%
With Interview (+15.9%)
3y 1m
Median Time to Grant
High
PTA Risk
Based on 255 resolved cases by this examiner. Grant probability derived from career allow rate.

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