Prosecution Insights
Last updated: April 19, 2026
Application No. 18/575,216

MORPHING WING, FLIGHT CONTROL DEVICE, FLIGHT CONTROL METHOD, AND PROGRAM

Non-Final OA §103§112§DP
Filed
Dec 28, 2023
Examiner
HUSON, JOSHUA DANIEL
Art Unit
3642
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Japan Aerospace Exploration Agency
OA Round
3 (Non-Final)
39%
Grant Probability
At Risk
3-4
OA Rounds
3y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants only 39% of cases
39%
Career Allow Rate
233 granted / 597 resolved
-13.0% vs TC avg
Strong +61% interview lift
Without
With
+61.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
18 currently pending
Career history
615
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
49.4%
+9.4% vs TC avg
§102
23.0%
-17.0% vs TC avg
§112
22.4%
-17.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 597 resolved cases

Office Action

§103 §112 §DP
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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/28/2025 has been entered. Double Patenting Applicant is advised that should claim 3 be found allowable, claim 13 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). 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 2 is 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 2 recites the limitation “the first direction side” in line 3 & "the second direction side" in line 5. There is insufficient antecedent basis for these limitations in the claim. Additionally, it is unclear how a “second direction side” would be defined: if a single morphing wing has a first direction side and a second direction side then what defines the central boundary between the two sides? Examiner would assume a second direction side to mean the complete other side of the flight vehicle shown in fig. 1 with the origin of the coordinate system shown defining the central boundary between the two sides. 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) 1-4 & 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wada (US 20220281585 A1) in view of applicant cited Hardarson (WO 2020049600 A1), Atkinson (US 2961196 A), and Deng et al. (CN 108482645 B), hereinafter Deng. Regarding claim 1, Wada discloses a morphing wing (morphing wing 140; fig. 1) comprising: a link mechanism (mechanism shown in fig. 2) configured to be deployed in a first direction (mechanism deploys in the positive YB direction) and retracted in a second direction (mechanism retracts in the negative YB direction) opposite to the first direction (+YB); and a plurality of flight feathers (flight feathers 152a-152h; fig. 2) mounted on a rear side (rear side of mechanism shown in fig. 2) which is the other side of the link mechanism (mechanism shown in fig. 2) perpendicular to the first direction (+YB), wherein, then the link mechanism (mechanism shown in fig. 2) is deployed in the first direction (+YB), a first group of flight feathers (primary flight feathers 152a-152e, fig. 2) are located at an end portion of the link mechanism (152a-152e are located at the outer end of the link mechanism shown in fig. 2), each of the flight feathers in the first group (152a-152e) has a transverse profile (transverse profiles of 152a-152e) that extends from a front side thereof (front side of 152a-152e) to the rear side thereof (rear side of 152a-152e), and a gap is provided between end portions of the rear sides of adjacent flight feathers in the first group (gaps are shown between end portions of the rear sides of 152a-152e in fig. 9), wherein, when the link mechanism (mechanism in fig. 2) is deployed in the first direction, a second group of flight feathers (secondary flight feathers152f-h, fig. 2) from the plurality of flight feathers (152a-h), which do not include the first group of flight feathers (152a-e), each has a longitudinal profile (longitudinal profiles of 152f-h) that extends from a front side (front sides of 152f-h) to a rear side thereof (rear sides of 152f-h) Wada does not appear to specifically disclose a plurality of front wing covers mounted on a front side which is one side of the link mechanism perpendicular to the first direction; wherein the front wing covers and the flight feathers are streamlined from the front side toward the rear side, when the link mechanism is retracted, the flight feathers are retracted inside the adjacent flight feathers, the transverse profile of each of the flight feathers in the first group is streamlined from the front side thereof to the rear side thereof to define an air foil, each longitudinal profile of the second group of flight feathers is streamlined from the front side to the rear side thereof. However, Hardarson in the field of aerial vehicles with wings (abstract) teaches a plurality of front wing covers (covers 10, 11, & 12; fig. 1) mounted on a front side (front side of wing comprising primary feathers 1, secondary feathers 2, tertial feathers 3, beams 18 & 20, & upper arm 22; fig. 2) which is one side of the link mechanism (mechanism comprising 18, 20, 22, wrist joint 26, elbow joint 27, shoulder joint 28, & motors 36; fig. 2) perpendicular to the first direction (along the length of the wing shown in figs. 1 & 2); wherein the front wing covers (10, 11, & 12) and the flight feathers (1, 2, & 3) are streamlined from the front side (front of wing shown in figs. 1 & 2) toward the rear side (rear of wing shown in figs. 1 & 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the morphing wing disclosed by Wada with the front wing covers taught by Hardarson with a reasonable expectation of success to provide the benefit of reducing the overall drag of the wing by covering the link mechanism with an aerodynamic cover. The link mechanism is not designed to be aerodynamic as its main function is to deploy & retract the wing. Therefore, the performance of the wing can be improved by covering the mechanism with a streamlined cover that smoothly guides the airflow around the mechanism. Hardarson further teaches each longitudinal profile of the second group of flight feathers (longitudinal profile of secondary feathers 2; fig. 1) is streamlined from the front side (front side of secondary feathers 2) to the rear side thereof (rear side of secondary feathers 2; Examiner notes the secondary feathers are disclosed in column 4 line 34 as giving the wing an airfoil transection while “keeping them almost parallel to the body of the bird and along the direction of the airflow”, meaning their longitudinal profile must be streamlined from the front side to the rear side in the shape of an airfoil: Furthermore, each primary and secondary feather is made from an upper plate and a lower plate giving the wing an airfoil transection and where levers or beams control the direction of the secondary feathers keeping them almost parallel to the body of the bird and along the direction of the airflow. ; [Col 4 line 34]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the morphing wing disclosed by Wada with the longitudinal feather profiles taught by Hardarson with a reasonable expectation of success to provide the benefit of improved aerodynamics of the morphing wing. The airfoil shaped transection of Hardarson’s transverse & longitudinal feather profiles will generate more lift than Wada’s flight feathers which are disclosed as “having a sheet shape”. Atkinson in the field of folding wing aircraft (title) then teaches the transverse profile of each of the flight feathers in the first group (transverse profile of each wing section 38; fig. 1) is streamlined from the front side thereof to the rear side thereof to define an air foil (Ribs 62 are of a shape to give wing section 38 an airfoil contour in sections taken transversely of spars 52a, 54a and 56a… ; [0043]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the morphing wing disclosed by Wada with the transverse air foil profile of each flight feather as taught by Atkinson with a reasonable expectation of success to provide the benefit of increased aerodynamic efficiency of the flight feathers when they are rotated out into a fully deployed configuration. Deng in the field of deforming wings (title) then teaches when the link mechanism (scissor link mechanism 1; fig. 1) is retracted, the flight feathers (fourth skin 22, third skin 23, second skin 24, first skin 25; fig. 5) are retracted inside the adjacent flight feathers (fig. 6 shows the adjacent feathers nested within each other. The flight feathers retract inside the adjacent flight feather as the link mechanism moves from the deployed state shown in fig. 3 to the folded state shown in fig. 4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further modify the morphing wing disclosed by Wada with the flight feathers retracting inside adjacent flight feathers taught by Deng with a reasonable expectation of success to provide the benefit of reduced drag & overall size in the retracted position. Enabling the flight feathers to retract inside adjacent flight feathers means said flight feathers’ aerodynamic drag is completely eliminated as it is hidden inside an adjacent flight feather. Furthermore, retracting flight feathers inside adjacent flight feathers enables the wing to more effectively reduce its overall length which aids in storage & transportation. Regarding claim 2, modified Wada discloses the morphing wing according to claim 1, wherein the link mechanism (fig. 2) includes a primary link (primary link comprising fold member 149 & link members 161-164; fig. 2) including a front primary link (149) mounted on the front side on the first direction side (+YB) and a rear primary link (161-164) mounted on the rear side on the first direction side (+YB), and a secondary link (secondary link comprising fold member 147 & link member 160; fig. 2) including a front secondary link (147) mounted on the front side on the second direction (-YB) side and a rear secondary link (160) mounted on the rear side on the second direction (-YB) side, and the plurality of flight feathers (152a-152h) are rotatably mounted on the front primary link (149) and the rear primary link (161-164) or the front secondary link (147) and the rear secondary link (160), respectively. Regarding claim 3, modified Wada discloses the morphing wing according to claim 2, wherein the front wing covers (10, 11, & 12 taught by Hardarson) include a first front wing cover (10 taught by Hardarson) provided on the primary link (149 & 161-164), a second front wing cover (12 taught by Hardarson) provided on the secondary link (147 & 160), and a third front wing cover (11 taught by Hardarson) covering a gap provided between the first front wing cover and the second front wing cover (gap provided between 10 taught by Hardarson & 12 taught by Hardarson). Regarding claim 4, modified Wada discloses the morphing wing according to claim 2, wherein the plurality of flight feathers (152a-152h) include a primary arm-wing (primary wing comprising primary flight feathers 152a-152e; fig. 2) mounted on the primary link (149 & 161-164) and a secondary arm-wing (secondary wing comprising secondary flight feathers 152f-152h; fig. 2) mounted on the secondary link (147 & 160), wherein as the link mechanism (fig. 2) is deployed in the first direction (+YB), an angle formed between longitudinal directions of the adjacent flight feathers (angle formed between longitudinal directions of 152a-e) in the primary arm-wing (wing comprising 152a-e) increases (Figs. 6-7 show the angle formed between longitudinal directions of the adjacent flight feathers in the primary arm-wing increases as the mechanism is deployed) and distance between longitudinal directions of the flight feathers increases (Figs. 6-7 show the distance formed between longitudinal directions of the adjacent flight feathers in the primary arm-wing increases as the mechanism is deployed). Regarding claim 7, modified Wada discloses the morphing wing according to claim 1, wherein the plurality of flight feathers (152a-c) located at the end portion on the first direction side (end of the mechanism in the +YB direction) are elastically deformable (Examiner notes all objects are elastically deformable). Regarding claim 8, modified Wada discloses a flight control device (flight control device 200; fig. 10) which controls a flight vehicle including the morphing wing according to claim 1, comprising: a drive unit (drive 210; fig. 10) configured to extend and retract the link mechanism (fig. 2); and a control unit (controller 230; fig. 10) configured to control the drive unit (210), wherein the control unit (230) is configured to control the drive unit (210) to extend the link mechanism in the first direction (+YB) when the flight vehicle (aircraft 100; fig. 1) lands. Regarding claim 9, modified Wada discloses the flight control device according to claim 8, wherein the control unit (230) is configured to acquire attitude information representing an attitude of the flight vehicle (100) and is configured to control the drive unit (210) based on an output result of a model obtained by inputting the acquired attitude information to the model learned using deep reinforcement learning (…wherein the controller acquires attitude information indicating an attitude of the aircraft and controls the drive on the basis of an output result of a model obtained by inputting the acquired attitude information to the model trained using deep reinforcement learning. ; [Claim 6]) Regarding claim 10, modified Wada discloses the flight control device according to claim 9, wherein the control unit (230) is configured to acquire displacement information including at least one of deformation and pressure of the morphing wing (140) and is configured to control the drive unit (210) based on an output result of the model obtained by inputting the acquired displacement information to the model (…wherein the controller further acquires displacement information including at least one of distortion and pressure of the morphing wing and controls the drive on the basis of an output result of the model obtained by inputting the acquired displacement information to the model. ; [Claim 7]) Regarding claim 11, modified Wada discloses a flight control method in which a flight control device that controls a flight vehicle (100) having the morphing wing according to claim 1 controls a drive unit (210) that extends and retracts the link mechanism (fig. 2) to extend the link mechanism when the flight vehicle (100) lands (…by a flight control device for controlling an aircraft including the morphing wing according to claim 1, a drive configured to extend and contract the pantograph mechanism in the direction so that the pantograph mechanism is extended in the direction and an angle formed by the flight feathers among the plurality of flight feathers is increased when the aircraft lands. [Claim 8]). Regarding claim 12, modified Wada discloses a program (The controller 230 is implemented, for example, by a processor such as a central processing unit (CPU) or a graphics processing unit (GPU) executing a program stored in the storage 206. ; [0064]) which causes a flight control device (flight control device 200; fig. 10) that controls a flight vehicle (100) having the morphing wing according to claim 1 to extend the link mechanism (fig. 2) by controlling a drive unit (210) that extends and retracts the link mechanism (fig. 2) when the flight vehicle (100) lands (A non-transitory computer-readable storage medium storing a program for causing a flight control device for controlling an aircraft including the morphing wing according to claim 1 to execute operations, the operations comprising: controlling a drive configured to extend and contract the pantograph mechanism in the direction so that the pantograph mechanism is extended in the direction and an angle formed by the flight feathers among the plurality of flight feathers is increased when the aircraft lands. ; [Claim 9]). Regarding claim 13, modified Wada discloses the morphing wing according to claim 1, wherein the link mechanism (mechanism in fig. 2) includes a primary link (primary link comprising fold member 149 & link members 161-164; fig. 2) including a front primary link (149) mounted on the front side (front side of primary link comprising fold member 149 & link members 161-164) and a rear primary link (161-164) mounted on the rear side (rear side of primary link comprising fold member 149 & link members 161-164), and a secondary link (secondary link comprising fold member 147 & link member 160; fig. 2) at an end of the primary link primary link comprising fold member 149 & link members 161-164; fig. 2) and including a front secondary link (147) mounted on the front side (front side of primary link comprising fold member 149 & link members 161-164) and a rear secondary link (160) mounted on the rear side (rear side of primary link comprising fold member 149 & link members 161-164), the plurality of flight feathers (152a-152h) are rotatably mounted on the front primary link (149) and the rear primary link (161-164) or the front secondary link (147) and the rear secondary link (160), respectively, a first front wing cover (10 taught by Hardarson) provided on the primary link (149 & 161-164), a second front wing cover (12 taught by Hardarson) provided on the secondary link (147 & 160), and a third front wing cover (11 taught by Hardarson) provided between the first front wing cover (10 taught by Hardarson) and the second front wing cover (12 taught by Hardarson). Response to Arguments Applicant’s arguments with respect to claim(s) 1 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. Atkinson is now relied upon to teach the transverse airfoil profile that applicant argues Hardarson does not teach (Remarks, pgs. 8-11). Applicant's arguments filed 8/28/2025 regarding claim 3 have been fully considered but they are not persuasive. Applicant argues (Remarks, pgs. 11-12) that cover (11) of Hardarson does not correspond to the third front wing cover of the claimed invention. Examiner respectfully disagrees. Cover (11) of Hardarson does indeed cover a gap provided between the first and second front wing covers as recited in newly amended claim 3, specifically the gap between wrist-joint 26 & cover 12 which exists between first front wing cover (10) & second front wing cover (12). Therefore, the rejection of claim 3 is maintained. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER ALBERT TARASCHI whose telephone number is (703)756-4727. The examiner can normally be reached M-F 10:30AM-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, Joshua Huson can be reached on (571) 270-5301. 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. /P.A.T./ Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
Read full office action

Prosecution Timeline

Dec 28, 2023
Application Filed
Dec 04, 2024
Non-Final Rejection — §103, §112, §DP
Mar 13, 2025
Response Filed
Apr 21, 2025
Final Rejection — §103, §112, §DP
Jul 10, 2025
Applicant Interview (Telephonic)
Jul 10, 2025
Examiner Interview Summary
Aug 28, 2025
Request for Continued Examination
Sep 08, 2025
Response after Non-Final Action
Sep 18, 2025
Non-Final Rejection — §103, §112, §DP (current)

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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
39%
Grant Probability
99%
With Interview (+61.1%)
3y 4m
Median Time to Grant
High
PTA Risk
Based on 597 resolved cases by this examiner. Grant probability derived from career allow rate.

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