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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “wherein the first composite fuselage member and the second composite fuselage member are slidably transitionable between a first configuration, wherein the outer surface of the first composite fuselage member is recessed relative to the second composite fuselage member, a second configuration, wherein the outer surface of the first composite fuselage member and an outer surface of the second composite fuselage member are substantially flush, and a third configuration, wherein the outer surface of the second composite fuselage member is recessed relative to the first composite fuselage member” of claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-7, 9-14, and 21 are 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.
Regarding claim 1, the limitation “wherein the first composite fuselage member and the second composite fuselage member are slidably transitionable between a first configuration, wherein the outer surface of the first composite fuselage member is recessed relative to the second composite fuselage member, a second configuration, wherein the outer surface of the first composite fuselage member and an outer surface of the second composite fuselage member are substantially flush, and a third configuration, wherein the outer surface of the second composite fuselage member is recessed relative to the first composite fuselage member.” does not appear to have support in the disclosure as originally filed. Applicant is invited to point to the parts of the disclosure providing support for this limitation.
Regarding claim 21, the limitation “when the first composite fuselage member and second composite fuselage member are in the second position” does not appear to have support in the disclosure as originally filed. Applicant is invited to point to the parts of the disclosure providing support for this limitation.
Claims 2-7, 9-14, and 21 are rejected for depending on a rejected claim.
Claims 1-7, 9-14, and 21 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
(A) Breadth of the claims [MPEP § 2164.08]
The scope of the claims is rather broad, with limited to guidance towards how the claimed features function, namely how the first and second composite fuselage members slide between different configurations where outer surfaces of the composite fuselage members are recessed or flush to each other.
The claims cover a joint comprised of:
A first composite fuselage member made of a skin with a first chamfer defining a tapering first end extending around the circumference of the first fuselage member;
A second composite fuselage member made of a skin with a second chamfer defining a tapering second end extending around the circumference of the second fuselage member;
Where the first and second ends cooperate to form a lap joint joining the first and second composite fuselage members;
The first chamfer has an decrease in outer diameter from an outer surface and the second chamfer has an increase in inner diameter towards their respective ends;
Where the first and second composite fuselage members can slide between three configurations where:
The outer surface of the first composite fuselage member is recessed relative to the second composite fuselage member;
The outer surface of the first composite fuselage member and outer surface of the second composite fuselage member are flush;
The outer surface of the second composite fuselage member is recessed relative to the first composite fuselage member
(B) Nature of the invention [§ 2164.05(a)]
The invention is a joining structure between common aircraft parts
(C) State of the prior art [§ 2164.05(a)]
The prior art is mature, but weight and safety considerations push for improvements.
(D) Level of one of ordinary skill [§ 2164.05(b)]
One of ordinary skill could be an aircraft technician, a composites engineer, and engineers with a BS degree, i.e. (ME, AE)
(E) Level of predictability in the art [§ 2164.03]
Unknown
(F) Amount of direction provided by the inventor [§ 2164.03]
Applicant provides directions regarding the general composition of elements of the claimed joint is arranged with a joint having a first and second sections and the relative arrangements and shapes of chamfers (see figure 1).
However, the inventor provides little direction with regards to guiding one of ordinary skill in the art for reducing the particulars of the composite fuselage members can slide between the first, second, and third positions, particularly given that these structures are designed to be fixed together, preventing relative movement between the composite fuselage members (note item 70 in figure 1).
(G) Existence of working examples [§ 2164.02]
There are no known working examples
(H) Quantity of experimentation needed to make or use the invention based on the content of
the disclosure [§ 2164.06]
There would be extensive experimentation required to make a skin joint including a first and second composite fuselage member which can slide between configurations where one of the members is recessed relative to the other and another configuration where the members are flush with each other as required by the claim. Because next to no direction towards this particular functional limitation is given, one would have to determine how these structure slide such that one is recessed to another. Does this require a certain degree of flexibility? Or is this recessing related to structural characteristics that do not require deformation?
In applicant’s invention, based on all of the considerations above, and the lack how to make and
use this device, there would be undue experimentation needed to figure out how to make and use a skin joint including a first and second composite fuselage member which can slide between configurations where one of the members is recessed relative to the other and another configuration where the members are flush with each other as claimed.
Because of insufficient direction, a lack of working examples, and the quantity of experimentation needed, this invention is not enabled and there is insufficient written description.
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 1-7, 9-14, and 21 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.
Regarding claim 1, the limitation “wherein the first composite fuselage member and the second composite fuselage member are slidably transitionable between a first configuration, wherein the outer surface of the first composite fuselage member is recessed relative to the second composite fuselage member, a second configuration, wherein the outer surface of the first composite fuselage member and an outer surface of the second composite fuselage member are substantially flush, and a third configuration, wherein the outer surface of the second composite fuselage member is recessed relative to the first composite fuselage member.” Is indefinite because it is unclear whether the claim scope would cover an unfinished fuselage structure with two parts still able to slide relative to each other or a fuselage structure that could have slide prior to final assembly/joining (such as via item 70 shown in figure 1 of the present application). Hence the scope of the claim is unclear.
Claims 2-7 and 9-14 are rejected for depending on a rejected claim.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-7 and 9-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Linde (DE 102015114765 A1) teaches a circumferential joint with a tapered ramp
Merzhaeuser (US 11486352 B2) teaches a connection between different parts of the blade
Porte (US 11655045 B2) fig 13 teaches a nacelle arrangement with the required thickness
Elze (US 10118685 B2) fig 5 teaches a joint with cooperating wedges used to make a joint between aircraft skin panels.
Pancoast (US 3504710 A) teaches a fiber shell for a space vehicle with interlocking members
Blad (US 3885071 A) teaches a wedge joint for a composite structure and a 4 degree angle of a joint that meets (atan(1/5)>X>atan(1/20))
Schmaling (US 4793727 A) teaches a composite joint; figure 1 appears to match exactly
Griess (US 9441652 B2) teachers a skin joint for an aircraft fuselage
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN ANDREW YANKEY whose telephone number is (571)272-9979. The examiner can normally be reached Monday-Thursday 8:30 - 5:00.
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, Joshua Michener can be reached on (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN ANDREW YANKEY/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
Prosecution Insights