DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 22-27 and 29 are currently pending.
Claim Objections
Claim 22 is objected to because of the following informalities: in line 8, “guiding the aft portion of trailing edge flap” should instead say “guiding the aft portion of the trailing edge flap.: Appropriate correction is required.
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.
Claims 22-27 and 29 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 22 recites “guiding an aft portion of the trailing edge flap along an elongated track member” and then goes on to say “guiding the aft portion of [the] trailing edge flap… with a curvilinear aft track of the elongated track member.” It is unclear whether the first recitation (i.e., guiding an aft portion of the trailing edge flap along an elongated track member) is referring to guiding the aft portion of the trailing edge flap along the curvilinear aft track, or, alternatively, whether the recitations “guiding an aft portion of the trailing edge flap along an elongated track member” and “guiding the aft portion of [the] trailing edge flap… with a curvilinear aft track of the elongated track member” refer to guiding the aft portion along two different paths.
Accordingly, claim 22 and dependent claims 23-27 and 29 are rejected under 35 U.S.C. 112(b).
Claim 29 is further rejected under 35 U.S.C. 112(b), because there is insufficient antecedent basis for the recitation “the aft track.” One of ordinary skill in the art could not reasonably ascertain the metes and bounds of the claimed subject matter.
Claim Rejections - 35 USC § 102
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.
Claims 22-24, 26-27, and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 8,070,106 to Engelbrecht et al. (“Engelbrecht”).
Regarding claim 22, Engelbrecht discloses a method for deploying a trailing edge flap of an aircraft wing, the method comprising: guiding an aft portion (21) of the trailing edge flap along an elongated track member (20a) as the trailing edge flap moves toward a deployed position (FIGS. 8, 11; Col. 4, lines 27-39); guiding a forward portion (31a, 32a) of the trailing edge flap along the elongated track member (20a) as the trailing edge flap moves toward the deployed position (FIGS. 8, 11; Col. 3, line 60 to Col. 4, line 15); accommodating transverse movement of the forward portion of the trailing edge flap relative to the elongated track member (FIGS. 2, 8, 11; Col. 3, line 60 to Col. 4, line 15; Col. 2, lines 26-36); and guiding the aft portion of the trailing edge flap in a spanwise direction relative to the aircraft wing with a curvilinear aft track of the elongated track member and deviating in the spanwise direction relative to the aircraft wing to cause a spanwise skewing movement of the trailing edge flap relative to an adjacent flap during deployment of the trailing edge flap (FIGS. 2, 8, 11; Col. 3, line 60 to Col. 4, line 15; Col. 2, lines 26-36; Col. 2, lines 63-66).
Regarding claim 23, Engelbrecht discloses accommodating lateral movement of the forward portion of the trailing edge flap relative to the elongated track member (FIGS. 2, 8, 11; Col. 3, line 60 to Col. 4, line 15; Col. 2, lines 26-36; Col. 2, lines 63-66).
Regarding claim 24, Engelbrecht discloses causing the trailing edge flap to undergo Fowler motion as the trailing edge flap moves toward the deployed position (FIGS. 8-11; Col. 2, lines 51-57).
Regarding claim 26, Engelbrecht discloses guiding the trailing edge flap generally toward a streamwise direction (FIGS. 2, 7).
Regarding claim 27, Engelbrecht discloses wherein the elongated track member is at least partially embedded into the trailing edge flap.
Regarding claim 29, Engelbrecht discloses guiding the forward portion of the trailing edge flap along a forward track of the elongated track member where the aft track and the forward track define separate and different respective guide paths (FIG. 11).
Claim Rejections - 35 USC § 103
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 25 is rejected under 35 U.S.C. 103 as being unpatentable over Engelbrecht, as applied to claim 22 above.
Regarding claim 25, Englebrecht teaches each and every element of claim 22, as discussed above, but it does not explicitly teach guiding the aft portion of trailing edge flap toward an outboard direction relative to the wing. Rather, Englebrecht teaches guiding the aft portion of the trailing edge flap towards an inboard direction relative to the wing.
It is well settled, however, that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success, would have been obvious to a person of ordinary skill in the art absent persuasive evidence. MPEP 2143. Here, applicant has not shown patentable significance of guiding the aft portion of the trailing edge flap towards an outboard direction, rather than towards an inboard direction. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Englebrecht so that the aft portion of the trailing edge flap is guided toward an outboard direction, in order to optimize the alignment of airflow.
Response to Arguments
Applicant’s arguments with respect to claims 22-27 and 29 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
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/MARISA V CONLON/Examiner, Art Unit 3643