DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11 March 2026 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 22, 23, 25-27, and 29 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Klug (US 4 722 499).
Regarding independent claim 22, and claims 26 and 27:
Klug discloses a method comprising:
adjusting, after determining based at least in part of a sensor signal from aboard the aircraft (col 4, lines 48-57), at least a portion of a control surface (5) of a flow modification device, the device including:
a first portion (3) coupled to an aircraft wing (1), and
a second portion (4) extending and affixed at an oblique angle to the first portion (Fig 2), the control surface coupled to the first portion (Fig 1) and adjusted via an actuator (24’ and/or 31) and adjustable (i.e. capable of being adjusted) independently of the aileron (the control surface has dedicated motors; col 7, lines 6-68).
Regarding claim 23:
The discussion above regarding claim 22 is relied upon.
Klug discloses a winglet (4, per nomenclature of document), a wing tip (4, per location of device), or a wing extension (4, per provision of the device at the wing tip).
Regarding claim 25:
The discussion above regarding claim 24 is relied upon.
Klug discloses the control surface outboard of the aileron (as seen in e.g. Fig 1).
Regarding claim 29:
The discussion above regarding claim 22 is relied upon.
Klug discloses the actuator at least partially inside the flow modification device (as seen in Fig 8, 24’ is within the first portion 3; note: in an alternative interpretation, the “actuator” may be not just the motor(s), but also include the transmission arrangement associated therewith, in which case the “actuator” would be at least partially within both portions).
Terminal Disclaimer
The terminal disclaimers filed on 11 March 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent Nos. 7 900 877, 8 684 315, 9 162 755, 9 567 066, 9 764 825, 9 969 487, 10 486 797, 10 562 610, 10 562 613, 11 111 006, 11 884 383, 11 912 398, and 12 017 753 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Allowable Subject Matter
Claims 2-4, 6-8, 10-15, 17-21, and 30-34 are allowed.
Response to Arguments
Applicant's arguments filed 11 March 2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that Klug does not disclose independent adjustment of the control surfaces from the aileron, Klug notes the surfaces may be adjusted in coordination with the aileron. “In coordination with” does not indicate a dependency, i.e. that one cannot be used without the other, but only that they may be used together. As the control surfaces use dedicated motors, they may be operated independently of the aileron, with the “coordination” based on computer control signals.
It is also noted that e.g. claim 32 recites adjusting the control surface based on the movement of the aileron. This is also adjustment “in coordination”.
Further, Klug only provides for the “coordination” with respect to aircraft rolling motions (col 7, lines 6-16). Klug then further outlines additional use of the control surfaces themselves for the purpose of treating induced drag (col 7, lines 17-68). This use is independent of the ailerons.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph W Sanderson whose telephone number is (571)272-6337. The examiner can normally be reached Mon-Thu 6-3 ET.
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/JOSEPH W SANDERSON/ Primary Examiner, Art Unit 3619
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