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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 04/18/2023 and 07/23/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-7 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grundmann et al. [US 10,811,903].
Claim 1, Grundmann et al. discloses a panel [612] comprising: an electro-permanent magnet [602 in figure 6 shown in detail as 200 in figure 2] which is integrated in the panel; and an induction coil [210] which is connected to the electro-permanent magnet and is configured to conduct current induced in the induction coil to the electro-permanent magnet such that the electro-permanent magnet can be switched between a magnetic state and a non-magnetic state [col. 7 lines 29-51].
Claim 2, Grundmann et al. discloses the panel according to claim 1, wherein the induction coil unit is integrated in the panel [figure 6].
Claim 3, Grundmann et al. discloses the panel according to claim 2, wherein the panel has an external mark which indicates a position of the induction coil [figure 6; recess housing 601].
Claim 4, Grundmann et al. discloses the panel according to claim 3, wherein the external mark is in a form of a surface structure [figure 6; recess housing 601].
Claim 5, Grundmann et al. discloses a fastening construction, comprising: the panel [612] according to claim 1; and a base element [614] having a ferromagnet [604] configured to connect the panel to the base element when the electro-permanent magnet of the panel is in the magnetic state [col. 9 lines 20-30].
Claim 6, Grundmann et al. discloses the fastening construction according to claim 5, wherein the base element [614] has a recess [614a, 614b] which is adapted to the shape of the panel [612; figure r6, col. 9 lines 52-56].
Claim 7, Grundmann et al. discloses the fastening construction according to claim 6, wherein the recess is configured such that a surface [612a, 612b] of the panel [612] is positively connected to a surface [614a, 614b] of the base element [614] when the panel is arranged in the recess [figure 6].
Claim 10, Grundmann et al. discloses an opening device for a panel [612] according to claim 1, comprising: at least one receiving element [EPM want 500] configured to produce a detachable connection to the panel; an electrical energy source [508]; and an induction coil [504] which is connected to the electrical energy source [figure 5b] and is configured to induce a current in the induction coil of the panel when the at least one receiving element is connected to the panel [col. 9 lines 40-46].
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Grundmann et al. [US 10,811,903].
Claim 8, Grundmann et al. discloses the claimed invention except for the surface of the panel and the surface of the base element have a camouflage surface structure. It would have been an obvious matter of design to one of ordinary skill in the art before the effective filing date of the claimed invention to change the appearance of a surface, since applicant has not disclosed that providing a camouflage surface structure on the panel and the base element solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the base element and panel surface design as taught in the figures of Grundmann et al.
Claim 9, Grundmann et al. discloses a fastening construction according to claim 5 but fails to teach it in an aircraft. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the fastening construction of Grundmann et al. in an aircraft in order to secure a panel to the aircraft body. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex Parte Masham, 2 USPQ F.2d 1647 (1987).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Bernard Rojas whose telephone number is (571)272-1998. The examiner can normally be reached Mon. thru Fri. 7:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shawki S Ismail can be reached at (571) 272-3985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BERNARD ROJAS/Primary Examiner, Art Unit 2837