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 .
DETAILED ACTION
This office action is in regards to application # 18/631,807 that was filed on 04/10/2024. Claims 1-17 are currently pending and are under examination.
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.
Claims 1-13 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.
Claim 1 recites “A fairing arrangement for a high-lift mechanism of an aircraft, wherein the high-lift mechanism includes a flap to be arranged at a trailing edge of an aircraft wing and a mounting and guiding mechanism for the flap….” and the preamble claims ‘a fairing arrangement’ and the high lift mechanisms including the flap and the aircraft wing are recited in a functional language. It is not clear from the claim if the flap and the aircraft wing are part of the claim or not since they are not positively claimed in claim 1. The flap and the aircraft wing are also structurally tied into the structure of the fairing arrangement later in the claim. The flap and the aircraft wing need to be positively recited. Appropriate correction and clarification required.
Claim 2-12 are rejected under the same rational as the rejection of claim 1 above due to their sole dependency from the rejected parent claim 1.
Claim 8 recites the limitation "the forward connecting mechanism" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. Should claim 8 supposed to depend from claim 7 not 1?
Claim 13 recites “…a high-lift mechanism including a flap to be arranged at a trailing edge of an aircraft wing ….” and the preamble claims ‘a high lift system’ and the a fairing arrangement according to claim 1 including the aircraft wing are recited in a functional language. It is not clear from the claim if the aircraft wing is part of the claim or not since it is not positively claimed in claims 1 and 13. The aircraft wing is also structurally tied into the structure of the fairing arrangement later in the claim. The aircraft wing need to be positively recited. Appropriate correction and clarification required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 13-17 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Tsai et al. (US 2020/0407041).
Regarding Claim 1, Tsai discloses a fairing arrangement for a high-lift mechanism of an aircraft (figure 2), wherein the high-lift mechanism includes a flap (14) to be arranged at a trailing edge of an aircraft a wing (12) and a mounting and guiding mechanism (17) for the flap, comprising:
a flap side fairing unit (16b) and a wing side fairing unit (16a),
wherein the flap side fairing unit comprises a flap side fairing (16b) for covering an aft part of the mounting and guiding mechanism and a flap side fairing mount (19) for rigidly mounting the flap side fairing to the flap,
wherein the wing side fairing unit comprising a wing side fairing (16a) for covering a forward part of the mounting and guiding mechanism and a wing side fairing mount (18,50) for mounting the wing side fairing to the wing,
wherein the wing side fairing mount is configured for connecting the wing side fairing movably to the wing (paragraphs [0022], [0024] and [0026]),
wherein the wing side fairing (16a) and the flap side fairing (16b) are connected by a fairing joint (52,56) allowing relative movements of the fairings during movement of the flap such that the movement of the wing side fairing is controlled by the movement of the flap side fairing.
Regarding Claim 13, Tsai discloses a high-lift system for an aircraft (Fig. 1A), comprising: a high-lift mechanism(figure 2) including a flap (14) to be arranged at a trailing edge of an aircraft wing (12) and a mounting and guiding mechanism (17) for the flap, and a fairing arrangement according to claim 1, wherein the flap side fairing (16b) is rigidly connected to the flap (14).
Regarding Claim 14, Tsai discloses an aircraft wing (12, Fig. 1A) comprising the high-lift system according to claim 13.
Regarding Claim 15, Tsai discloses an aircraft (10, Fig. 1A) comprising the wing according to claim 14.
Regarding Claim 16, Tsai discloses an aircraft wing (12, Fig. 1A) comprising the fairing arrangement according to claim 1.
Regarding Claim 17, Tsai discloses an aircraft (10, Fig. 1A) comprising the high-lift system according to claim 13.
Claim(s) 1-2, 7, and 11-12 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Hofrichter (US 4,854,528).
Regarding Claim 1, Hofrichter discloses a fairing arrangement for a high-lift mechanism of an aircraft (figure 3), wherein the high-lift mechanism includes a flap (6) to be arranged at a trailing edge of an aircraft wing (29) and a mounting and guiding mechanism (column 2, lines 37-41) for the flap, comprising:
a flap side fairing unit (3) and a wing side fairing unit (1,2),
wherein the flap side fairing unit comprising a flap side fairing (3) for covering an aft part of the mounting and guiding mechanism and a flap side fairing mount (column 3, lines 13-20) for rigidly mounting the flap side fairing to the flap,
wherein the wing side fairing unit comprising a wing side fairing (2) for covering a forward part of the mounting and guiding mechanism and a wing side fairing mount (column 3, lines 20-22) for mounting the wing side fairing to the wing,
wherein the wing side fairing mount is configured for connecting the wing side fairing movably to the wing (column 2, lines 48-54),
wherein the wing side fairing (2) and the flap side fairing (3) are connected by a fairing joint allowing relative movements of the fairings during movement of the flap such that the movement of the wing side fairing is controlled by the movement of the flap side
fairing (column 1, lines 55-59).
Regarding Claim 2, Hofrichter discloses a fairing arrangement for a high-lift mechanism of an aircraft (figure 3) wherein the fairing joint is configured such that it allows relative movements of the fairings in line of flight, in a vertical direction, around a vertical axis, around a first horizontal axis essentially directed in spanwise direction(Fig. 7a-7c), and/or a second horizontal axis essentially directed in line of flight, and further affecting a common sideward movement of a rearward end portion of the wing side fairing and of a forward end portion of the flap side fairing.
Regarding Claim 7, Hofrichter discloses a fairing arrangement for a high-lift mechanism of an aircraft (figure 3) wherein the wing side fairing mount further comprises a forward connecting mechanism configured to connect a forward part of the wing side fairing rotatably with at least one or with two degrees of freedom to the mounting and guiding mechanism (movement of fairing 2 about axis of turning pivot or hinge point 23, Fig. 3).
Regarding Claim 11, Hofrichter discloses a fairing arrangement for a high-lift mechanism of an aircraft (figure 3) wherein a forward end portion of the flap side fairing extends into a rearward end portion of the wing side fairing in a telescopically manner (col. 1, lines 55-59).
Regarding Claim 12, Hofrichter discloses a fairing arrangement for a high-lift mechanism of an aircraft (figure 3) wherein a fixed front fairing unit configured to be rigidly fixed to the wing, wherein the wing side fairing unit is configured as intermediate movable wing side fairing unit arranged between fixed front fairing unit and the flap side fairing unit (Figure 3, items 1, 2, and 3).
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.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hofrichter (US 4,854,528) in view of Sakurai et al. (CA 2782041).
Regarding Claim 8, Hofrichter discloses a fairing arrangement for a high-lift mechanism of an aircraft (figure 3) a forward connecting mechanism with a fairing joint (at 23, Fig. 3).
Hofrichter is silent, but Sakurai in the same field of endeavor teaches a fairing joint with a spherical bearing (claims 4-6).
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 fairing joint in the forward connecting mechanism disclosed in Hofrichter with the spherical bearing taught in Sakurai with a reasonable expectation of success because it provides great handling of misalignment and heavy loads, offers self-alignment, high radial/axial capacity, and smooth articulation.
Allowable Subject Matter
Claims 3-6 and 9-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (see attached PTO-892).
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Assres H. Woldemaryam
Primary Examiner (Aeronautics and Astronautics)
Art Unit 3642
/ASSRES H WOLDEMARYAM/Primary Examiner, Art Unit 3642