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 .
Response to Arguments
Applicant's arguments filed 08/01/2025 have been fully considered but they are not persuasive. Prior art US 20200017190 A1 Decker; George R. et al. teaches a plurality of spar configurations. Reinterpretation of elements in figure 2A allows for Decker to meet amended limitations of claim 1.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20230086167 A1 Milliere; Jérôme et al. and further in view of US 20200017190 A1 Decker; George R. et al.
Regarding claim 1 Milliere teaches, an aircraft having: at least one wing, but is silent about, moveable elements of the at least one wing,
However Decker teaches, moveable elements of the at least one wing (fig. 2A, element 208),
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the wing taught by Milliere with the aileron taught by Decker with a reasonable expectation of success. The motivation to combine is to control the aircraft.
Miliere further teaches, a dihydrogen tank (fig. 1, element 110), for each wing, at least one dihydrogen-powered engine fastened to the wing and having a rotor (element 106), and for each dihydrogen-powered engine, a supply pipe fluidically connected between the dihydrogen-powered engine and the dihydrogen tank (element 112 a-b),
Decker further teaches, wherein each wing has a front spar extending in a front part of the wing and a first rear spar extending behind the front spar and a second rear spar extending behind the first rear spar (fig. 2A, elements 210, 232a, 220),
Miliere teaches, wherein the first and second rear spars together define a corridor (fig. 3), and wherein each supply pipe extends backwards from the respective dihydrogen-powered engine into the corridor of the wing carrying the respective dihydrogen-powered engine (figs. 1 and 3, elements 112a-b)
Decker teaches, and, wherein the movable elements of the at least one wing are fastened in an articulated manner to the second rear spar (fig. 2A).
Regarding claim 2 Milliere as modifies teaches, the aircraft according to claim 1, wherein each wing has at least one bottom window in a lower-surface skin that opens the corridor through said lower-surface skin, and at least one top window in an upper-surface skin that opens the corridor through said upper-surface skin (fig. 5, element 206). The Examiner takes Official Notice that it is well known in the art to use windows on upper and lower surfaces for inspection access. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to modify Milliere, with a lower surface window to provide an inspection point. The motivation to do so would be to view fuel lines from two sides.
Regarding claim 3 Milliere as modifies teaches, the aircraft according to claim 2, wherein the at least one top window is at a proximal end of the wing and wherein the at least one bottom window is at a distal end of the wing. The Examiner takes Official Notice that it is well known in the art to use windows on upper and lower surfaces for inspection access. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to modify Milliere, windows at the proximal and distal end of the wing to provide an inspection point. The motivation to do so would be to view fuel lines from where needed.
Regarding claim 4 Milliere as modifies teaches, the aircraft according to claim 2, wherein the at least one top window is at a distal end of the wing and wherein the at least one bottom window is at a proximal end of the wing. The Examiner takes Official Notice that it is well known in the art to use windows on upper and lower surfaces for inspection access. Therefore it would have been obvious to someone of ordinary skill in the art before the effective filing date to modify Milliere, windows at the proximal and distal end of the wing to provide an inspection point. The motivation to do so would be to view fuel lines from where needed.
Regarding claim 5 Milliere as modifies teaches, the aircraft according to claim 2, further comprising, for each corridor, a fan arranged inside said corridor (fig. 6, element 608).
Regarding claim 6 Milliere as modifies teaches, the aircraft according to claim 1, wherein the aircraft further comprises: a protective wall made of a thermally insulating material between the supply pipe and the second rear spar (para 0048).
Regarding claim 7 Milliere as modifies teaches, the aircraft according to claim 1, Decker teaches, wherein each of the front spars and of the first and second rear spars extend globally over an entire length of the wing (fig. 2C).
Regarding claim 7 Milliere as modifies teaches, the aircraft according to claim 1, Decker teaches, wherein a distance between the first rear spar and the second rear spar, along a chord of the at least one wing, is less than a distance between the first rear spar and the front spar (fig. 2A, the distance between the 2 aft spars is less than the distance between the 2 front spars).
Conclusion
THIS ACTION IS MADE FINAL. 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 CINDI M. CURRY whose telephone number is (469)295-9296. The examiner can normally be reached 7:30-4:30 M-F.
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 J. Michener can be reached at 571-272-1467. 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.
/C.M.C/
Examiner
Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642