DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is in response to the correspondence received on 12/19/2025.
Claim 10 is amended.
Clam 8 is cancelled.
Election/Restrictions
Applicant’s election without traverse of Species C: Fig. 4, and Sub-species 4: Fig. 8, in the reply filed on 6/11/2025 is acknowledged.
Therefore Figs. 2-3, 5-7 are non-elected species.
Claims 6 and 7 are withdrawn because they are drawn to a non-elected species of Fig. 3, requiring “the coolant circuit connected in heat exchange relationship with at least one of the electric engine and the battery”.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3, and its dependent claims, are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3: in “a hot valve controlling a flow rate of the pressurized air between the hot line and the mixing volume, a cold valve controlling a flow rate of the pressurized air between the hot line and the mixing volume”, it is unclear how the cold valve controls the flow rate of the pressurized air between the hot line and the mixing volume” (that same function is attributed to the hot valve earlier in claim 3).
Claims dependent thereon are rejected for the same reasons.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bammann 20200140096.
Regarding claim 10, Bammann teaches:
A method of conditioning cabin air of an aircraft having
a cabin (aircraft cabin [0004]),
a network of pressurized air lines (system comprising, inter alia,12a, 12c) fluidly connecting the cabin (via 14, “the mixer 14 is finally used to air condition the aircraft cabin” [0023]) and including a hot line (inter alia, 12d, Figure) and a cold line (inter alia, 90), and an electric engine (electric motor 72 [0039]) drivingly coupled to a rotary airfoil device (“The fan 70 is driven by a fourth electric motor 72” [0039]),
the method comprising:
driving a flow of pressurized air in the hot line (using, inter alia, compressors 42, 58, see Fig); driving a flow of pressurized air in the cold line (using, inter alia, compressors 42, 58, see Fig), in parallel with the flow of pressurized air in the hot line (element 12d, hot line, is parallel to the cold line, inter alia, element 90, as seen in Bammann’s figure); circulating a refrigerant (the refrigerant circulating in the refrigerant circuit 18 [0024]) in a refrigerant circuit (refrigerant circuit 18 [0024]); transferring heat from a source of heat to the pressurized air in the hot line(“reheater 82 arranged downstream of the water trap 80 relative to the flow direction of the ambient air through the ambient air line 12 is used to heat ambient air flowing through the fourth section 12d” [0042]); transferring heat from the pressurized air in the cold line to the refrigerant (via evaporator 30; see Fig); mixing the pressurized air from the hot line and the pressurized air from the cold line downstream of the transferring heat from the source of heat and of the transferring heat from the pressurized air (at mixer 14), respectively; and delivering the mixed pressurized air to the cabin (the mixer 14 is finally used to air condition the aircraft cabin” [0023], teaching a line to deliver the fluid).
Regarding claim 11, Bammann teaches the invention as discussed for claim 10. Bammann further teaches:
The method of claim 10 further comprising controlling a flow rate (inter alia, valves 88 or 92) of at least one of the pressurized air in the hot line (a fifth valve 88 for controlling the ambient air flow through the fourth section 12d [0043]) and the pressurized air in the cold line (via 92) upstream of the mixing (upstream of mixer 14, see Fig) in a manner to achieve a targeted temperature of the mixed pressurized air (“The ambient air is cooled to a desired low temperature by expansion of the ambient air in the turbine 86 before it is supplied to the mixer of the aircraft air conditioning system” [0045], “both ambient air compressors 42, 58 can be operated in their optimal range even in the event of high power demands. As in ground operation, the ambient air is cooled both by the transfer of heat to the refrigerant circuit 18 of the refrigerating apparatus 16 and by the expansion of the ambient air in the turbine 86.” [0049] and compressors would add heat to the system).
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.
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.
Claim(s) 1-2, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bammann 20200140096 in view of Moxon 20190128570.
Regarding claim 1, Bammann teaches:
An aircraft (Title) comprising:
a cabin (aircraft cabin [0004])
a rotary airfoil device (fan 70);
an electric engine drivingly coupled to the rotary airfoil device (“The fan 70 is driven by a fourth electric motor 72” [0039]);
a heat pump (refrigerating apparatus 16 [0024]) having a refrigerant circuit (18 [0024]) fluidly connecting, in sequence (Fig), a compressor (20), a condenser (24), an expansion valve (28), and an evaporator (30); and
a pressurized air subsystem (system comprising, inter alia, compressors 42, 58) having a network of pressurized air lines (inter alia, 12a, 12c) operable to deliver pressurized air from one or more pressurized air sources (inter alia, 42, 58) to the cabin (via mixer 14), the network of pressurized air lines having
a hot line (12d) fluidly connecting one of the one or more pressurized air sources to a mixing volume (14),
a cold line (inter alia, 90) parallel to the hot line (element 12d, hot line, is parallel to the cold line, inter alia, element 90, as seen in Bammann’s figure), the cold line fluidly connecting one of the one or more pressurized air sources to the mixing volume (14), and
a delivery line (the mixer 14 is finally used to air condition the aircraft cabin” [0023], teaching a line to deliver the fluid) fluidly connecting the mixing volume to the cabin (as discussed [0023]), the hot line connected in heat exchange relationship with a source of heat (“reheater 82 arranged downstream of the water trap 80 relative to the flow direction of the ambient air through the ambient air line 12 is used to heat ambient air flowing through the fourth section 12d” [0042]), the cold line in heat exchange relationship with the evaporator (evaporator 30; see Fig).
Bammann teaches a cabin and an electric motor (equivalent to the claimed electric engine) as discussed above but is silent about a battery as claimed, and a cabin being adapted to receive one or more persons, as claimed.
However, Moxon teaches and aircraft (Fig. 1) with an electric motor 6 driving a rotary airfoil device 5 [0024], and:
a battery (8 [0024]) powering the electric engine (6).
[a cabin] (passenger compartment 236 [0056]) adapted to receive one or more persons (“passengers and crew” [0056]);
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Bammann with Moxon's teachings discussed above in order to provide a source of energy and have a system where “motor 6 is provided with electrical power from a battery 8” [0024] as taught by Moxon, and to accommodate a crew to operate the aircraft and transport the passengers.
Regarding claim 2, Bammann in view of Moxon teaches the invention as discussed for claim 1. Bammann further teaches:
The aircraft of claim 1 further comprising at least one temperature regulated valve (inter alia, valves 88 or 92) fluidly connected in the pressurized air subsystem (see Fig) and operable to mix (fluid passing through valves 88 and 92 flow into 14, where they are mixed as discussed above) an adjustable flow rate of pressurized air from the hot line (valve 88 for controlling the ambient air flow through the fourth section 12d [0043]) and from the cold line (92 for controlling the ambient air flow through the third bypass line 90 [0044]) in the mixing volume (14).
Regarding claim 9, Bammann in view of Moxon teaches the invention as discussed for claim 1. Bammann further teaches:
The aircraft of claim 1 wherein the pressurized air source (as discussed for claim 1, inter alia, 42, 58) includes an air compressor (42, 58) fluidly connecting (from 42 and from 58, through 12c to water trap 80 to nozzle 87 into 52 “ram air duct [0039]) a ram air inlet (inlet of ram air duct 52, ram air ducts inherently have an inlet).
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bammann 20200140096 in view of Moxon 20190128570 and Zug 11820519
Regarding claim 3, Bammann in view of Moxon teaches the invention as discussed for claim 1. Bammann further teaches:
The aircraft of claim 1 further comprising a hot valve (valve 88) controlling a flow rate of the pressurized air (flowing through 12d, see Fig) between the hot line (12d) and the mixing volume (14), a cold valve (valve 92) controlling a flow rate of the pressurized air between the hot line (the operation of 92 can affect the fluid available to flow through the hot line – also see 112b rejection above) and the mixing volume (14), and a controller (46)
Bammann in view of Moxon teaches the controller 46 and actuator control valves 88 and 92 but does not explicitly teach the controller in communication with the hot valve and cold valve as claimed.
However, Zug teaches a vapory cycle refrigeration system (Title) for “producing conditioned air for an aircraft cabin” Col 1 ll. 15, and:
a controller (203 Col 8 ll. 2) in communication with valve (244 Col 8 ll. 1).
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Bammann in view of Moxon with Zug's teachings discussed above, providing the controller in communication with the hot valve and with the cold valve in order to provide a valve that can be controlled by a controller as required and/or based on temperature measurements or other system parameters, as taught by Zug Col 8 ll. 1-8.
Regarding claim 4, Bammann in view of Moxon and Zug teaches the invention as discussed for claim 3. Bammann further teaches:
The aircraft of claim 3 wherein the controller (46, [0035]) is further in communication with one or more inputs indicative of operating conditions (inter alia, “pressure that is greater than the target cabin pressure in the aircraft cabin to be air conditioned”, “the temperature of the compressed ambient” [0035]) operating conditions and in a manner to achieve a given temperature set point of the pressurized air in the delivery line (“does not exceed a maximum temperature of, for example, 160° C” [0035]).
The controller, hot valve and cold valve, were already discussed above. Bammann in view of Moxon and Zug, as discussed so far, is silent about the memory storing instructions and causing the controller to control the valves as claimed.
However, Zug teaches:
a memory (Col 10 ll. 65- Col 11 ll. 5) storing instructions (Col 10 ll. 54- 67), which instructions when executed (“techniques described in this disclosure may also be embodied or encoded in an article of manufacture including a computer-readable storage medium encoded with instructions” Col 10 ll. 54- 67) cause the controller (as already discussed) to control the valve (Zug teaches the valve 244 as discussed for claim 3, and the hot valve and cold valve were discussed above and taught by Bammann) as a function of the operating conditions (inter alia, “pressure that is greater than the target cabin pressure in the aircraft cabin to be air conditioned”, “the temperature of the compressed ambient” [0035]) and in a manner to achieve a given temperature (inter alia, “the temperature of the compressed ambient” [0035] “does not exceed a maximum temperature of, for example, 160° C” [0035]).
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Bammann in view of Moxon with Zug's teachings discussed above, providing the a memory storing instructions, which instructions when executed cause the controller to control the cold valve and the hot valve as a function of the operating conditions and in a manner to achieve a given temperature in order to provide a system that can be controlled by a controller as required and/or based on temperature measurements or other system parameters, as taught by Zug Col 8 ll. 1-8.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bammann 20200140096 in view of Moxon 20190128570and Galzin 20220185485 and evidenced by Mancini 20190070924.
Regarding claim 5, Bammann in view of Moxon teaches the invention as discussed for claim 1. Bammann in view of Moxon, as discussed so far, is silent about the transmission as claimed.
However, Moxon teaches:
further comprising a transmission (step down gearing being provided to the propeller 5 [0035]) coupling the electric engine (6) to the rotary airfoil device (5);
a lubricant subsystem having a lubricant (inter alia, engine or gearbox oil [0054]) the lubricant circuit connected in heat exchange relationship with the transmission (gearbox oil [0054])
Bammann in view of Moxon, as discussed so far, is silent about the lubrication system with a pump in heat exchange relationship with the hot line, as claimed.
However, Galzin teaches an air conditioning system with thermal management of oil and pressurized air (title), that uses heat (heat exchanger 20) from oil from gearbox [0028] and:
a lubricant subsystem (inter alia, 24, 20, 20a, 20b) having a lubricant circuit (24) and a lubricant pump operable to circulate a lubricant in the lubricant circuit (24 is an oil circuit [0066] and while not explicitly taught by Galzin, a pump is inheritably present in the circuit is known to be necessary to provide lubricant flow – this is evidenced by Mancini element 350),
wherein the hot line (line 12 downstream from 20, indicated in the image below) connected in heat exchange relationship (at 20) with the lubricant circuit (see 20 in Figs 1 and 2).
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Bammann in view of Moxon with Galzin's structure discussed above and evidenced by Mancini as discussed, in order to provide the lubricant subsystem a lubricant circuit and a lubricant pump operable to circulate a lubricant in the lubricant circuit, wherein the hot line is connected in heat exchange relationship with the lubricant circuit, in order to provide “to provide heat exchanges between the pressurized-air stream and an oil circuit, allowing heat to be transferred from the pressurized air to the oil” as taught by Galzin [0061].
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Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bammann 20200140096 in view of Wolas 20220402414.
Regarding claim 12, Bammann teaches the invention of claim 10. Bammann teaches the hot line and the cold line, and the mixing of the fluid within each line as discussed above, but is silent about measuring the temperatures and controlling the mixing as claimed.
However, Wolas teaches an air mixer for a vehicle (title), and:
measuring a temperature of the air in the hot line (ambient air A2 [0070]), measuring a temperature of the air in the cold line (conditioned air A1 [0070]), measuring a temperature of air in the cabin (one or more thermometers or probes for measuring or obtaining: a temperature of air exiting the source of conditioned air; a temperature of air exiting the source of cabin or ambient air; a temperature of air entering the air mixer from one or both of the sources of air; a temperature of air exiting the air mixer or air mover [0035]), determining a targeted temperature of the mixed pressurized air based on the measured temperature of air in the cabin (Based on one or more temperature measurements from the thermometers or probes, and on a desired or set temperature by an occupant [0035]), and controlling a flow rate of at least one of the pressurized air in the hot line and the pressurized air in the cold line upstream of the mixing based on the measured temperature of the pressurized air in the hot line, the measured temperature of the pressurized air in the cold line, and on the targeted temperature of the mixed pressurized air (“the air mixer is configured to move one or more doors relative to one or more of the air inlets to adjust a size of the opening of the corresponding air inlets to adjust an amount or ratio of air allowed or available to enter or flow into the air mixer or air mover from the corresponding air source (i.e., conditioned or ambient)” [0035], [0066-0075]).
It would have been obvious to a person having ordinary skills in the art before the effective filing date of the claimed invention to provide Bammann with Wolas' teachings discussed above, measuring a temperature of the pressurized air in the hot line, measuring a temperature of the pressurized air in the cold line, measuring a temperature of air in the cabin, determining a targeted temperature of the mixed pressurized air based on the measured temperature of air in the cabin, and controlling a flow rate of at least one of the pressurized air in the hot line and the pressurized air in the cold line upstream of the mixing based on the measured temperature of the pressurized air in the hot line, the measured temperature of the pressurized air in the cold line, and on the targeted temperature of the mixed pressurized air, providing a way to adjust “a temperature of air exiting the air mixer and/or air mover and flowing out of the air outlet and into the cabin or towards the occupant can be adjusted or fine-tuned, without the need for additional heaters or coolers downstream of the air mover” as taught by Wolas [0035]
Response to Arguments/Remarks
Applicant’s arguments have been considered, but they are not persuasive.
Applicant argues:
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Examiner’s response: It is unclear why applicant believes that “hot line” is mapped inconsistently in claims 10 and 11, Bammann element “12d” is mapped as the “hot line” throughout the previous OC and the rejection above. It is unclear where “at one point, element 12 (ambient air line) is identified as “hot line”, but it is believed that applicant may have misinterpreted the application of paragraph [0042] in the rejection where ambient air line 12 is mentioned but only to identify the direction of flow; element 12d is again addressed in this same paragraph [0042].
Regarding the transfer of heat from the pressurized air in the cold line to the refrigerant, this heat transfer occurs via 30 as discussed in the rejection. It is noted that the entire length of element 12d is parallel to the “cold line”.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Roberto T. Igue whose telephone number is (303)297-4389. The examiner can normally be reached Monday-Friday 7:30-4:30 PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat Wongwian can be reached at (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERTO TOSHIHARU IGUE/Examiner, Art Unit 3741
/PHUTTHIWAT WONGWIAN/Supervisory Patent Examiner, Art Unit 3741