Prosecution Insights
Last updated: April 19, 2026
Application No. 18/591,441

AIRCRAFT SURFACE STRUCTURE

Non-Final OA §102
Filed
Feb 29, 2024
Examiner
O'HARA, BRIAN M
Art Unit
3642
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Airbus Operations Limited
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
3y 1m
To Grant
95%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
447 granted / 594 resolved
+23.3% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
16 currently pending
Career history
610
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
41.5%
+1.5% vs TC avg
§102
32.8%
-7.2% vs TC avg
§112
23.2%
-16.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 594 resolved cases

Office Action

§102
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 . Claim Objections Claim 1 is objected to because of the following informalities: Line 6 recites the limitation “the controller configured is configured”. The first instance of the word configured should be deleted. Appropriate correction is required. Claim Rejections - 35 USC § 102 (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. 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)(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. Claims 1-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hemmelgam (US 8418967 B2). Regarding Claims 1 and 25 Hemmelgam discloses 25. an aircraft (“types of aircraft and helicopter rotors”; Col 13 Line 27) 1. An aircraft morphable aerodynamic surface structure (“wing skin”; Col 18 Line 50), comprising: an elastomeric material (“shape memory polymer (SMP)”; Col 18 Line 50) having a glass transition temperature (“the glass transition temperature”; Col 20 Line 12), and a controller (“microcontrollers”; Col 25 Line 49) configured to control a temperature management system (“numerous ways to activate SMP, including heat or thermal energy provided by resistive heating”; Col 27 Line 4) that is configured to change a temperature of the elastomeric material, wherein the controller configured is configured to control the temperature management system based on a command (as required by “sensing”; Col 17 Line 65) received at the controller. Regarding Claims 2-13 Hemmelgam discloses: 2. The aircraft morphable aerodynamic surface structure according to claim 1 further, comprising the temperature management system (“Active Morphing System”; Col 27 Line 1). 3. The aircraft morphable aerodynamic surface structure according to claim 2, wherein the temperature management system comprises: a heating system (“heating grid”; Col 27 Line 1) for heating the elastomeric material, and/or a cooling system for cooling the elastomeric material. 4. The aircraft morphable aerodynamic surface structure according to claim 3, wherein the heating system comprises a heatable material (“nickel nanostrands”; Col 27 Line 18) and is configured to cause heating of the heatable material to cause heat to be transferred from the heatable material to the elastomeric material. 5. The aircraft morphable aerodynamic surface structure according to claim 4, wherein the heatable material is located within (“ncorporating the nickel nanostrands into the toughened SMP system”; Col 27 Line 20) the elastomeric material. 6. The aircraft morphable aerodynamic surface structure according to claim 4, wherein the heatable material is electrically conductive (“electrically conductive HSFR”; Col 28 Line 40) and the heating system is configured to pass an electric current (“power source”; Col 28 Line 48) through the heatable material to resistively heat the heatable material. 7. The aircraft morphable aerodynamic surface structure according to claim 4, wherein the heatable material comprises particles (“chopped fibers”; Col 27 Line 28) dispersed in the elastomeric material. 8. The aircraft morphable aerodynamic surface structure according to claim 7, wherein the particles comprise nanoparticles (“Carbon nanofiber”; Col 27 Line 8). 9. The aircraft morphable aerodynamic surface structure according to claim 8, wherein the nanoparticles are carbon nanotubes (“Carbon nanofiber”; Col 27 Line 8). 10. The aircraft morphable aerodynamic surface structure according to claim 1, comprising an actuator (340, or “Faulhaber 1224 Coreless DC motors”; Col 25 Line 37) for actuating a shape change of the aircraft morphable aerodynamic surface structure. 11. The aircraft morphable aerodynamic surface structure according to claim 10, wherein the actuator is for actuating the shape change of the aircraft morphable aerodynamic surface structure under control of the controller (“MCDC 2805 microcontrollers”; Col 25 Line 49). 12. The aircraft morphable aerodynamic surface structure according to claim 1, further comprising a temperature sensor for monitoring a temperature of the elastomeric material, wherein the controller is configured to control the temperature management system on the basis of an output of the temperature sensor (as required by “sensing, actuation,” Col 17 Line 65). 13. The aircraft morphable aerodynamic surface structure according to claim 1, wherein the temperature management system is for changing a temperature of respective portions of the elastomeric material independently of each other, and wherein the controller is configured to control the temperature management system to change the temperature of the respective portions of the elastomeric material independently (“move independently of the other”; Col 29 Line 61) of each other. Regarding Claims 14-24, Hemmelgam discloses the apparatus as described above and so is able to perform the method steps. All of the elements as applied above are applicable to the steps of Claims 14-24. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. the other prior art shows very similar types of morphing wing structures. They use slightly different types of materials however they share similar morphing concepts using elastomeric materials. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN M O'HARA whose telephone number is (571)270-5224. The examiner can normally be reached Monday - Friday, 9AM - 5PM eastern. 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 at 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. /BRIAN M O'HARA/Primary Examiner, Art Unit 3642
Read full office action

Prosecution Timeline

Feb 29, 2024
Application Filed
Dec 27, 2025
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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MULTIPLE FLIGHT MODE AIRCRAFT ARCHITECTURES AND CONTROLS
2y 5m to grant Granted Mar 10, 2026
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Patent 12545431
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2y 5m to grant Granted Feb 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
95%
With Interview (+20.0%)
3y 1m
Median Time to Grant
Low
PTA Risk
Based on 594 resolved cases by this examiner. Grant probability derived from career allow rate.

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